If a New York employer selects a candidate for any reason other than his or her qualifications, it could be seen as discrimination. As a general rule, employers are not allowed to discriminate against an applicant based on characteristics such as race, gender or national origin. To avoid discrimination, employers may be well served to create a list of important duties that an employee would need to fill.
Employers should then list the types of skills that a person would need to do the job well. This may also mean thinking about the amount and level of education that may be needed. If a job requires physical strength, a job listing should indicate that employees may have to pass a test. However, the listing should not specifically ask for people of a certain gender, weight or height.
When interviewing a candidate, it may be a good idea to have another manager or an attorney sit in on it. If an applicant shares that he or she is pregnant or offers other potentially protected information, the company representative should make it a point to inform the candidate that it won't influence a hiring decision. Taking detailed notes may make it easier to show that a candidate was chosen because he or she met the objective criteria chosen to determine who was most qualified for the job.
If employers violate any aspect of employment law, it may result in negative consequences for the organization. In some cases, it could result in lawsuits against the company that may cost time and money. Employers may wish to consult with counsel if an applicant files a charge of discrimination during the hiring process. This may make it easier to resolve the matter in a manner favorable to the company.