Employee Rights in the Hiring Process

Even though Houston's unemployment rate fares better than the rest of the country, many people in the Houston community are still looking for jobs. While the hiring process of getting a job can be strenuous, it's important to remember that job applicants have certain legal rights even before they are even hired.

FindLaw states that employers may not discriminate against race, national origin, gender, disability, religion, pregnancy, or age in the hiring process. This means that employers should be avoiding questions in an interview that relate to any of these issues. Even questions like "When did you graduate from high school?" or "Where did you live while growing up?" should be avoided, according to the Microsoft Small Business Center. Answers to these questions could affect a protected group of people, where an applicant could then file a legal claim against the employer.

"Inappropriate questions during hiring are a major source of lawsuits," Texas employment lawyer David Curtis said on Microsoft's Small Business Center website. "Most illegal questions occur when an employer asks an applicant for information where the answer tends to affect a protected group, such as minorities, women, the disabled, legal aliens and people over 40 years of age, or where the question is not related to essential job functions."

So while a job interview may make you feel nervous or uneasy, just remember that you still have rights under the Texas and federal law. If you feel that your legal rights could have been violated during an employer's hiring process, contact a Texas employment lawyer. If you are looking for general information about prospective employee rights, please visit our Related Resources links.

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