What If You Are Discriminated Against?

Posted by Joe Weinlick • Feb 28, 2015

One of the most uncomfortable questions to answer in a job interview revolves around the reasons why you left your last job. If you faced employment discrimination in your previous position, there are diplomatic ways to discuss your former company without trying to seem like a bitter ex-employee bent on destroying your old boss.

Career coach Ronnie Ann explains two main factors revolve around employment discrimination. One is that you can prove your former employer engaged in this heinous, illegal act. The second involves your feelings with respect to the discrimination. Fighting against your former company in a formal setting such as federal court is a lengthy and emotional process, even if you have proof.

A job interview does not represent the outlet for your case of employment discrimination. When your future boss asks about your former manager, remain as positive as possible and accentuate your strengths as they relate to your new position. Even though discrimination is a horrible act, you should not disparage your former employer during an interview. This attitude displays negative feelings that may infiltrate the rest of the meeting.

Talk about how much you have learned, overcome, improved and educated yourself since you lost your previous job. Tell your future boss what motivates you to better your life and your career instead of focusing on your employment discrimination case. Hiring managers love positive employees who remain so in the face of adversity.

Dispel any notions of potential discrimination within your current interview by taking several steps to improve your game. Show confidence in every aspect of the meeting. Talk about why the current company is the place you want to spend your professional capital. Demonstrate to your potential boss that he cannot do without you thanks to your skills, attitude and never-give-up outlook on life. You cannot change the past, but you most certainly can edify the future by putting your best skills on display.

The proper venue for an employment discrimination case rests within the American judicial system. Talk to a civil rights lawyer who can help discuss your options. These attorneys may offer a free consultation to ascertain how to approach the next step. Proceed with litigation if your needs within the situation are met by filing a lawsuit to hold your former boss accountable. Title VII of the Civil Rights Act of 1964 prevents discrimination based on race, religion, age and sex.

Becoming successful professionally symbolizes the perfect way to get back at your previous manager. Instead of filing a lengthy, time-consuming lawsuit, you can show how the experience altered your consciousness in a very real way by achieving your life's goals when you overcame a major setback.

Employment discrimination is never okay. How you react to that horrible situation shows your character, morality and work ethic despite the fact that your former boss wrongly fired you. Try to act positively instead of reacting negatively at your next interview to see what happens.

Photo courtesy of Sharon Mollerus at Flickr.com

Nancy Anderson • Mar 12, 2015

@Mary not every place will offer the in-house training. Have you exhausted the list? Maybe you could narrow it down by one or two and then call them. Not all of them will list it on their website, either. You sort of find out by word of mouth. @Jay I don't know how companies get away with it either. At-will employment; right to work state... it's all so totally crazy anymore. The At-will clauses have been in most applications for many years. It's just now, due to the higher unemployment, that people are really seeing those clauses. Maybe what it's going to take is for some job seekers to go to lawyers and start some class action lawsuits against companies? All we can do is continue to search, apply, interview and then wait for a response while we continue to search and apply.

Crystal Christian • Mar 12, 2015

Hi Nancy, I live in Memphis, TN and I am a caregiver/home health aide and I'm trying to find a facility that does offer in-house training and I'm coming up with zilch!!!! What should I do different? Mary C.

Jay Stone • Mar 12, 2015

Building Aircraft Jigs was my favorite but that is long gone. I haven't been involved with it since 1993 and the business has been monopolized by one major aircraft company which will never hire me because of where I worked before. I am going in for an interview and it will not turn out to much because I will be asking a couple of questions about two paragraphs at the end of my application. On one they say that they are an equal opportunity employer and will not discriminate against anyone because of age,race, religious belief etc. But on the paragraph below called the At-will employment they say that they reserve the right to terminate all benefits, and employment with or without cause and with or without notice at any time at the option of either the company or myself etc. Those are hypocritical statements which allow a manager to terminate me for any of the above listings because they don't have to explain why. That means a manager can just walk in and fire me as an example to intimidate the other workers around me because he wants to shake things up so to speak without real cause. But if I go back and beat the living crap out him for trying to destroy my livelihood and family because he has an itch in the wrong egotistical place I go to jail and he goes home to kiss his family. Somewhere justice needs to be served. You know what I never see job ads for OCEA. Too scarey for a lot of CEOs? You wouldn't believe some of the things I have seen go on in Company warehouses and shops. If I was on OCEA I would target those companies and take them down! Yes it is personal! Companies around here get away with murder!

Nancy Anderson • Mar 11, 2015

@Dawn - great that you are working. I do know how hard personal care can be. I worked as a personal care attendant at an assisted living and it's really hard work. Even harder, I think, when you only have 1 or 2 to take care of but it's funny hours and you must have transportation but they don't pay you mileage. I will be rooting for you to get a position as a resident aide. Another thing to check out are your local care facilities that offer in-house training to become a CNA. My daughter just did this and is now certified. She is loving it. So I know that they exist - just takes a lot more digging to find them. You could make a list of all of the care facilities in your area and start calling. Who knows - you might even find out about a resident aide position. Good luck!

Dawn M. • Mar 11, 2015

Thank you Nancy for your advice,I'm currently working as a home health aide and have been for going on 4 yrs. soon.I was trying to get a resident aide job so I could have a stable schedule and benefits.I love working with seniors and I thought with a resident aide job I could help more seniors instead of 1 or 2 at a time.Plus,it would be nice to be able to drive to 1 place instead of many as its a lot of gas and wear and tear on my car.Im still plugging away to find that resident aide job and haven't given up yet!

@Jeffrey - thank you - your comments will certainly help a lot of people. It is truly unfortunate that companies do not keep their promises and that we don't really have any recourse. It doesn't sound like it's you who is doing wrong but the companies themselves. They seem to be holding all of the cards right now. But things are changing - slowly maybe - but they are changing. More companies are opening up previously closed doors and are starting the hiring process again. As a job seeker we need to narrow down our search to those companies and to concentrate on finding a way in - through social media, networking and the like. When you do get into the company, have them put all their promises in writing so, if they don't deliver, you will have a legal leg to stand on. Wish I had the answers as to how to combat the age discrimination. I hear the same things as everyone else does... dumb down your resume and maintain a youthful appearance. Frustrating all around. But I have always learned to just keep going because the job is out there - I just have to find it. I wish you all the best.

jeffrey r. • Mar 10, 2015

Why do employers lie to get
you to take the job? The last two companies I've worked for have done the same
thing. They promise me things, but once I'm in the job, they don't deliver. I'm
tired of getting taken advantage of and don't know how to make it stop. What am
I doing wrong?

This happens a lot. And
frankly, it's going to get even worse as the talent shortage increases and
companies play dirty to get candidates to take their jobs. Here's an article which
explains this growing trend...

Why Some Employers Have
Rose-Colored Recruiting Glasses

While some employers are
starting to properly reveal their Employment Brands, it could take
a while for others to recognize the need to accurately convey what it's like to
work for their company - and that will hurt their ability to hire effectively.

For
example...

Companies
that pull the bait-n-switch (like what the poor professional experienced
above), are usually desperate to improve their troubled company - and assume
hiring new talent will fix their problem. They make promises to themselves, "If
we can just get the best talent in here and turn things around, we can actually
make good on all these promises we're making while recruiting them." In
their minds, hiring you will give them the results they need to make those
promises a reality. Unfortunately, hiring alone can't fix a failing company or
a broken corporate culture. Before you know it, the company is making excuses
why they won't deliver on those promises - and may even try to make you feel
bad for asking. As if it was your fault!? Sound familiar?

7 Potential Lies Told In The
Hiring Process

Any
time a company makes the following claims, you should push back and try to get
more information before assuming it's the truth. While some can deliver, others
can't - and it's up to you to figure out which ones are sincere. The potential
lies are:

There's a lot of
opportunity for advancement.
The bonus structure will
double your income.
Your territory is protected
and we won't change it.
You'll get extensive
training.
You'll have scheduling
flexibility and can work from home on occasion.
We'll hire you some help
when it gets busy.
Once you fix this
problem/department/project, etc., you'll get to work on something new and
exciting.

In
order to avoid being taken advantage of, the secret is to learn to master the
very same technique recruiters have been taught to spot a fake in an interview.

Use "Reverse Behavioral
Interviewing" To Reveal Employer's True Self

Behavioral
interviewing is a technique recruiters use to help determine the personality,
aptitude, and true experience level of a candidate. They're historically
open-ended questions designed to force candidates to provide more detailed
answers to questions that address things like their:

·
ability to work in teams

·
work style

·
track record of success

·
ability to overcome adversity

·
capacity to cope with change

Recruiters use behavioral
interviewing to explore candidates' depth of knowledge and ability to answer
the questions in a way that matches the goals, values, and needs of the
organization. [A free tool with some of the most common behavioral interview
questions can be found here.]

They're
also trying to identify and eliminate any liars, under-performers, or
high-maintenance candidates. Hiring is expensive. Behavioral interviewing is
meant to help minimize bad hires.

What If You Could Do The Same?

You
can!

When your turn comes to ask
questions in the interview (usually, at the end of the conversation), you can
prepare a list of open-ended behavioral questions that will force the employer
to articulate more clearly how they deliver on the promises they're making. For
example, check these seven questions as they relate to the potential lies
above:

Can you give me an example
of someone who was hired in the last two years to a similar role who has
already advanced in their career here? In particular, can you explain what they
did to make that happen?
Can I meet someone in the
company who has doubled their income with the bonus structure? I'd like to
learn more about how they accomplished that.
I know territories can
change as the business changes, what do you put into place to ensure this never
happens? Is there a written legal contract of some sort?
Can you break down the
formal training versus the informal training I will receive? And, may I speak
to someone who has been in this role a year to see how they best used the
training to their advantage?
What is the procedure for
requesting to work from home? Can I speak to someone who uses this scheduling
flexibility so I can learn what he/she is doing to make sure she is meeting the
company's goals when working remotely?
Can you share with me a
recent example of someone who was hired on to help due to growth. What is the
company's process for identifying and funding additional headcount?
Can you share with me a
recent example of

The over 50 age group in Canada seem to be hard to advise even after taking a job exploration course like that of transitions which was the best here in vancouver under the direction of Greg Taylor then doing a Meyers Briggs test to then go and do personal dimentions test then reading what colour is your parachute. After that enter a job club to find out how to put a resume together, then cover letter, tips on star system which is situation task action result for behavioral questions solutions and then follow up questions can not prevent discrimination as discrimination is in human nature as it is part of essence of our existance in which can never be prevented by job councilors as they are also humans havi g to deal with this for tnemselves

recently went back to school, received my PCP from the CPA,top that with Diploma in Payroll supervision, Diploma in Social science,BA in Philosophy & world religion & Small Business extension courses including accounting, very unique and trendy previously ran a web site designed by myself as I am also a certified web designer & tech writer for the promotion of Independent Musicians, also promoter and referral to festival recruiters, ran a business with 3 other partners in the importing of fresh cut flowers to Canada from South America, at 52 years old yes I know how how to use a cell phone, android, plus black berry, plus I know know how to stay fashionable, I am creative and energetic do not see myself in the eyes of the employer as not skilled enough, yet over qualified simply because of all these achievements. Now working Pro Bono for a pet waste company keeping our landfills more green promoting recycling as the next chapter in my life, yet I absolutely agree that we are discriminated over the age of 50 because no boss wants to look up to you but rather down at you so that they can manipulate you and feel the control as they will be younger than you plus want to pay you entry level wage as the other way around they would feel intimidated to look up to you to tell them what to do next

Nancy Anderson • Mar 7, 2015

@Dawn, so sorry you are experiencing age discrimination. Those two girls don't stop and think that one day, very soon, they are going to be discriminated against due to their age. Don't stop trying though. Not all places are like that. Since you have the skills, have you considered taking your talents to places other than assisted living? Maybe to hospitals or even mobile health. Many communities use mobile health to get to people who can't make it into the hospitals or care facilities. What about doing care on your own? Look for in-home type jobs where you only have to care for one or two people. Just keep applying and keep networking and the job will come.

@Jay it truly is unfortunate that companies have changed so much to becoming thoughtless uncaring corporations only concerned about the bottom line - not about the people who contribute to that bottom line. What your Dad experienced is the way it was for me growing up also. You started with a company right out of High School or College and you worked your way up the ladder - staying with the company and contributing to your retirement. Today, it's more along the lines of what you experienced. I certainly DO understand your frustration. Sure do wish there was something that we could do about it but it seems to be the new corporate standard now to bring in folks at the lowest possible salary and treat them with little to no respect. We hear it all of the time about people who are hopping from one job to the next because there is no future, no growth at their current company. I have learned, the hard way, that the grass is NOT greener on the other side. If you can, Jay, find a company that you like and do what it takes to remain. Out of the 6 different trades, which one did you love the most? Concentrate on that and work to secure a position there. As always I wish you all the best.

Jay Stone • Mar 6, 2015

Thanks for your answer:-) I appreciate you reading what I said and posting it. Most people don't even bother to do that. Thanks also for your encouragement and keep up the good work:-) Sincerely Jay P.S. By the way my dad was able to retire after 30 of working for a company that paid his education and enjoyed 30 more years of retirement til he died last August. Too bad it hasn't worked that way for me. I've worked in 8 companies doing 6 different trades so far. Maybe you'll understand my frustration.

Brian Culler • Mar 6, 2015

I have 12 felony's that makes it hard for me to get a job....

Dawn M. • Mar 6, 2015

I had my first run in with age discrimination while trying to get employment as a Resident aide for an assisted living place.I have a lot of experience for this job,excellent work reviews,always came to work on time,never called off,loved my seniors and they all thought I did a great job,was hard working and efficient.This place had me Job shadow with two different girls,I wasn't allowed to do anything but observe and after all of that the employer said that the girls had said they thought it would be too much for me,also I didn't fit in well.Are you kidding me?

Nancy Anderson • Mar 6, 2015

@Barbara it is truly unfortunate that companies do not seem to value good, hard-working, loyal employees. At this time it does appear that the bottom dollar is the most important aspect for a company. But I have to believe that this is going to turn around. It won't take long before employees realize that they gave up quality, experienced employees in order to save a few dollars when, in the end, they end up losing money. All we can do is hang in until the change occurs. And remember Barbara that not all companies are like your former. When applying for a new position, try to network with some of the employees there to find out what the real corporate culture is like. That will give you some insight into whether you want to try to work for them or not. As for the former company, be prepared for them to reach out to you when they finally come to their senses!!! I wish you all the best.

Barbara V. • Mar 5, 2015

Boy, is this familiar. I too worked in a state that was an at-will. Terminate for either a reason or no reason at all. Worked for 17 years at the same company. When we were in the recession period I was doing full-time accounts payable, payroll and HR. Considered a valued employee, loyal and hard working. As times got better they hired a younger person to do the payroll and HR leaving me to focus totally on the accounts payable. Which I was fine with till they decided to automate and I lost my job altogether. Where is loyalty of a company? It's all about the almighty dollar for them. Not the employee who works their butt off for them. Am I old fashion? Back then employees worked hard, enjoyed their jobs because they knew the company actually cared for them. Maybe companies should take a hard look at this and adjust their way of thinking.

Nancy Anderson • Mar 3, 2015

@Jay, there are a lot of people who think the same way as you. Most states now are right-to-work states....employment-at-will. It is sad to think that you are right that companies boot out workers just so that they don't have to pay retirement. The sad truth is that is has probably always been this way but people just didn't talk about it back in our parent's generation. Now, today, with social media - nothing is kept sacred! I truly wish you the best - that you find the job that will keep you until you put in for social security in a few years. Thanks for your comment.

Jay Stone • Mar 3, 2015

In otherword baffle them with BS! In the first place, no one is not expendable and no one is God even if an employer thinks he or she is! It should be more important what my resume displays than what my put on personality is at the interview desk. Besides I usually perform better than they think I will. With all the negative crap I've been fed most of my life, I've come a long way! Either too small, don't have the degree, don't have the back round. Well over and over I have proved the fools wrong! I will get the job done!!! I will also get along! They're honest with me, which most are not we'll do fine. In this state AZ it's a waste of time to try and deal with discrimination, because it is a Right-to-Work State! This means that a Company can fire you at any time without letting you know why and you can do nothing about it! This is my last try at dealing with the man! I'm 63 and have only maybe 5 years of working life left according to society, even though I'm in better physical and mental condition than many of my younger co workers. The label still stands! I'm really sick of this fony positive front we're expected to show at an interview when the reality is we either work to get fired or resign anyway. Most companies have no intention of paying us any retirement that's why they force people out just before they have to pay it. Like it or no that's the way it is so I really don't look at the next place as any different than the last one. I just want to make enough money so I can keep my family comfortable til I can collect SSI. Post this one, because there are a lot of people who think the way I think!

What If You Are Discriminated Against?

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