Discrimination in Hiring: Your Legal Rights as a Job Applicant

Federal and state laws protect job applicants from discrimination at every stage of the hiring process, covering all aspects of employment from the job posting to the offer letter. Knowing where those protections apply can help you recognize when an employer has crossed a legal line.

Employers must follow anti-discrimination laws at every step, from posting job ads to interviewing and selecting candidates. Employment law at the federal and state levels protects job candidates from hiring discrimination and ensures fair employment throughout the process.

If you believe an employer violated your rights at any point during the hiring process, contact an employment law attorney near you. They can review what happened and help you decide what to do next.

Federal Anti-Discrimination Laws

In many instances, job applicants have the same legal protections as employees.  Title VII of the Civil Rights Act of 1964 is a core protection for job seekers. This federal law makes it illegal for employers to engage in discriminatory practices against applicants based on a legally protected characteristic.

Legally protected characteristics under Title VII include:

• Race
• Color
• Religion
• Sex (including gender identity, sexual orientation, and pregnancy)
• National origin

Other federal laws also protect workers, whether they’re employees or job candidates. These include:

• The Age Discrimination in Employment Act (ADEA): This law protects individuals aged 40 years or older from age-based employment discrimination
• The Americans with Disabilities Act (ADA): This law prohibits disability discrimination against individuals with disabilities and requires employers to provide reasonable accommodations to qualified employees
• The Equal Pay Act of 1963 (EPA): This law makes it illegal to pay different wages to men and women for equal work in the same workplace
• The Genetic Information Nondiscrimination Act of 2008 (GINA): This law prohibits discrimination against employees or applicants based on genetic information and is enforced by the U.S. Equal Employment Opportunity Commission (EEOC)
• The Pregnant Workers Fairness Act (PWFA): This law, which took effect in June 2023, goes a step further than Title VII’s pregnancy discrimination protections by requiring covered employers to provide reasonable accommodations for pregnancy, childbirth, and related medical conditions

State and local laws may specify additional protected classes based on factors such as a job applicant’s marital status and family status.

Discrimination Exceptions

There are some limited circumstances under which an employer may discriminate against job applicants. An employer may show bias if a bona fide occupational qualification (BFOQ) exists. This means the trait in question is a valid and necessary job requirement. For example, it’s illegal under the ADEA for an organization to discriminate based on age unless the employer can show that an age limitation for the position is necessary for the performance of job duties.

Employer Interview Questions

In general, employers should avoid questions related to classes protected by discrimination laws. These include interview questions asking about the following:

• Whether the applicant has children or intends to have children
• Marital status of the applicant
• Applicant’s race
• Applicant’s religion
• Applicant’s sexual preference
• Applicant’s age (other than inquiring whether over the age of 18)
• Whether the applicant suffers from a disability
• Applicant’s citizenship status
• Questions concerning drug or alcohol use by the applicant

While employers can’t ask, applicants can choose to provide this information during a job interview. If so, the employer can discuss these topics to the extent necessary to answer their questions.

Background Checks

The hiring process often involves a background check as part of the standard hiring practices. Most employers conduct background checks on potential new hires to verify job qualifications, check whether a job applicant has a criminal history, and protect their companies from making bad hiring decisions.

The federal Fair Credit Reporting Act (FCRA) regulates background checks. The FCRA imposes consent and disclosure requirements on employers that conduct background checks. These include:

• Employers must notify job applicants and employees about the background check
• Employers must inform workers that the information may affect employment decisions
• Employers must obtain written permission before conducting a background screening through a third party, but not if they conduct the screening themselves

States may have additional requirements. For example, California and New York have their own version of the FCRA.

Background checks can cover a wide range of records. Depending on the role, an employer might review your criminal history, credit report, employment and education records, driving history, or professional licenses.

If a background check turns up negative information, the Fair Credit Reporting Act (FCRA) requires the employer to follow a specific process before passing you over. First, they must send you a written notice along with a copy of the report and a summary of your rights under the law. You then have a reasonable window to review the findings and respond. The FCRA does not set an exact number of days for this waiting period, but five business days is the standard minimum in practice.

If the employer still decides not to move forward after that period, they must send a second written notice explaining their decision. That notice must also tell you how to dispute any inaccurate information with the consumer reporting agency.

Some states and many cities have passed ban-the-box laws. These laws eliminate the checkbox on employment applications asking whether an applicant has a criminal record and determine when and whether criminal records can be considered in hiring decisions. In general, these laws prohibit employers from conducting background checks until after an offer of employment has been made. You can see your state’s position at FindLaw’s Ban the Box Laws by State article.

Salary history bans are also in effect in many states and cities. The laws prohibit employers from asking job applicants about their past wage history. You can learn more about salary history bans by state in our Salary History Bans by State: Know Your Rights and Protections article.

What Employers Must Do When Hiring

Whenever an employer hires a new employee, federal and state laws require them to complete several steps before the employee begins work. Understanding these requirements can help you know what to expect during onboarding.

Employers must:

• Verify your work authorization (Form I-9; E-Verify in some states)
• Set up tax withholding from your paychecks
• Obtain workers’ compensation insurance coverage
• Enroll you in employee benefits programs
• Post required workplace notices about your rights
• Register with state agencies for unemployment insurance

Your employer should guide you through the necessary paperwork, including tax forms and benefits enrollment. Being asked to handle their legal obligations, such as obtaining their own tax ID number, should serve as a red flag for the legitimacy of the employment relationship.

The Job Offer Stage

When you get a job offer, protections are already in place. These affect your negotiating position. It’s a good idea to know what they are and what they do.

What Should Be in Writing

While employers are not always legally required to put offers in writing, having the key terms documented protects both parties. A solid offer letter should cover the position title, compensation, start date, benefits, and any special arrangements discussed during negotiations. If an employer promises a signing bonus, equity, or specific work conditions, those terms should also appear in writing. This is important to know before you resign from your current job or make any major decisions in reliance on the offer.

Employers should avoid making certain lofty promises to new employees during the hiring process. False statements or phony promises by an employer may render an employment contract unenforceable. Examples that could get employers in trouble include a promise that:

• Stock options will be worth a certain amount
• The employee will receive significant pay increases

If these promises are not kept, you may be able to sue for breach of contract. The employer could be responsible for any losses you suffered because you relied on their promise.

Your Right To Negotiate

Most job offers are negotiable, and exercising that right is both legal and expected in many industries. Candidates commonly negotiate salary, start date, remote work arrangements, signing bonuses, and additional vacation time. Employers cannot retaliate against you for negotiating in good faith. A reasonable employer will not rescind an offer simply because you asked for better terms.

Contingent Offers and Rescinded Offers

Many employers make job offers that depend on you passing a background check, drug test, or employment verification. If you do not meet these conditions, the employer can usually withdraw the offer without legal consequences.

Even if an offer is unconditional, employers in most at-will states can still withdraw it. If you made big decisions based on the offer, such as quitting your job, moving, or turning down other jobs, you might have a legal claim. Courts sometimes hold employers responsible if you can prove that you suffered real losses due to believing the job was yours.

More employers now use automated systems and artificial intelligence to handle job applications. Often, an algorithm reviews your application before a person sees it.

Common AI tools used in hiring include:

• Applicant tracking systems (ATS) filter and rank resumes, often before a recruiter looks at them
• AI-powered scoring tools that evaluate resume content or candidate questionnaires
• Video interview platforms that review your speech, facial expressions, or word choices to assess candidates
• Chatbots that conduct initial screening interviews and collect candidate responses

AI errors can result in discrimination violations.

Is It Legal for a Bot To Reject My Application?

In most cases, it’s legal for an AI system not to advance your application. Employers can use automated systems to screen and reject applicants, but AI hiring tools must still comply with federal anti-discrimination laws. If an automated system unfairly screens out people on the basis of race, sex, disability, or another protected trait, the employer could be held responsible. This is true under Title VII or the ADA, even if the discrimination was not intentional. The EEOC has clarified that anti-discrimination obligations apply regardless of whether a human or an algorithm is making the call.

State Laws on AI in Hiring

Several states have already passed laws regulating how employers can use AI in hiring and employment decisions. Some of the most important statutes include:

• Colorado SB 24-205 (effective June 30, 2026): It requires developers and companies that deploy high-risk AI systems to take reasonable steps to protect people from algorithmic discrimination in consequential employment decisions. Covered employers also have disclosure obligations under the law.
• Illinois HB 3773 (effective January 1, 2026): The law amends the Illinois Human Rights Act to require employers to notify applicants and employees when AI plays a role in employment decisions, including recruitment, hiring, and promotion. It also prohibits using AI in ways that discriminate based on any protected class under that act. A separate, older Illinois law, the Artificial Intelligence Video Interview Act, addresses the use of AI in video interview analysis. It has required employers to disclose this use since January 2020.
• New York City Local Law 144: This requires employers and employment agencies that use automated decision tools to conduct annual independent bias audits. It also requires them to give candidates advance notice before using those tools.

Other states are also looking at similar laws as AI-driven hiring becomes more common.

Your Rights

Depending on where you live, you may have the right to know when an employer uses AI to evaluate your application. In some states, you can also request a human review in certain situations. If you have a disability and an automated system creates barriers in the hiring process, you may be entitled to ask for a human reviewer as a reasonable accommodation. This could apply if an AI video analysis tool is incompatible with your needs. If you believe an AI system produced a discriminatory result, you can file a discrimination complaint with the Equal Employment Opportunity Commission (EEOC) or your state’s civil rights agency.

Drug Testing

Pre-employment drug testing is common across many industries, and employers often have the legal right to require it as a condition of employment. The rules vary by state and have grown more complex as marijuana has been legalized in more jurisdictions.

In most states, employers can still turn down applicants who test positive for cannabis, even where recreational or medical marijuana is legal under state law. A growing number of states, including New York, New Jersey, and California, have passed protections that limit an employer’s ability to base a hiring decision solely on off-duty marijuana use.

If you test positive, or think you might, your options depend on the situation. You may be able to disclose a valid prescription that explains the result or request a confirmatory retest if you dispute the accuracy of the initial screening. If you are in recovery from a past substance use disorder, you may also have some protections under the Americans with Disabilities Act (ADA) in certain situations.

For a full breakdown of state-specific rules, see State Pre-Employment Drug Testing Laws.

Filing a Complaint

If you believe an employer violated your rights during the hiring process, you have several options for recourse. This includes violations through unlawful employment practices. These violations can take many forms. This includes workplace discrimination, improper handling of a background check, and unlawful use of an automated system.

EEOC Complaints

The Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws and is the starting point for most federal employment discrimination claims. In most cases, you must file a charge of discrimination with the EEOC before you can pursue a federal lawsuit. Charges must typically be filed within 180 days of the discriminatory act. If a state or local agency also enforces the applicable law, that window extends to 300 days.

State and Local Agencies

Most states have their own civil rights agencies that enforce state anti-discrimination laws. In most cases, these agencies enforce laws that are similar to those enforced by the EEOC. However, in some cases, they may enforce broader protection for employees. This may include protection against discrimination based on your sexual orientation, marital status, or parental status. Many state agencies coordinate with the EEOC through work-sharing agreements. This means a single filing may satisfy both requirements.

Private Lawsuits

Once you have completed the administrative process, you may have the right to file a discrimination lawsuit in state or federal court. Depending on the statute and the nature of the violation, available remedies can include lost wages, compensatory damages, and attorney’s fees.

Were Your Legal Rights Violated While Looking for Work? Speak With an Attorney

Job hunting is hard enough on its own. Navigating discrimination, improper background-check procedures, or AI screening issues can make it even more difficult. If you believe an employer crossed a legal line at any point during the hiring process, seek legal advice from an employment law attorney. They can explain how federal and state laws apply to your situation, and help you decide whether filing a complaint or pursuing a claim makes sense for you. FindLaw’s attorney directory can help you find an employment attorney near you.