Hiring Discrimination Claims
NOTE: The D.C. Human Rights Act (DCHRA) allows a woman to file a complaint with the D.C. Office of Human Rights (DCOHR) or pursue a private lawsuit. You can assume that the explanation of the DCHRA is the same regardless of which procedure you choose, except where it is noted that they differ. I think I wasn't hired because I'm a woman, how do I prove it? In general, an employer can hire whoever it wants and choose any suitable application and selection process. However, you can prove a claim of wrongful failure to hire if you can show all of the following:
1) you belong to a protected class (i.e., a woman);
2) you applied for a job opening for which you were qualified;
3) you were rejected despite your qualifications; and
4) the position remained available or was given to a man with your qualifications. The interviewer asked me some very personal questions. Is that legal? Even though asking personal questions is not illegal if asked in good faith, it is always in your prospective employer's best interest to avoid asking questions, such as if you plan to raise a family or if you refer to yourself as Miss or Mrs. The basic practice that most employers follow is to only ask questions related to job skills and requirements. An employer who asks more personal questions increases the risk that someone may claim discriminatory hiring practices. The DCHRA prohibits discriminatory hiring practices based on sex. To bring a claim based on the interviewer's conduct, you would have to show that your prospective employer based its hiring decision on the sex stereotypes implicit in its questions. The interviewer stated that his customers would prefer to see a man to do this job rather than a woman. Is this a legal reason not to hire me? Under the DCHRA, your employer's practices that have a discriminatory effect on women and which would otherwise be prohibited are not illegal if your employer can justify them by "business necessity." Business necessity can be proved by showing that, without the practice, business cannot be conducted. A discriminatory practice CANNOT be justified by the preferences of co-workers, employers, customers, or any other person; or any of the following:
1) increased cost to business;
2) business efficiency;
3) comparative characteristics of women as opposed to men (e.g., that men are stronger than women); or
4) the stereotyped characterization of women as opposed to men (e.g., that women are more inclined to quit work to raise a family). Must I prove that I didn't get the job because of my sex and not my qualifications? If so how? Yes. You must be able to show that the company that you applied to did not hire you because you are a woman. You can do this by showing that it had discriminatory practices in place and a history of failing to hire women because of their sex. Keep in mind that an employer may have a valid reason for not hiring women that is legally protected. It is always helpful to do your homework and try to gather statistics about the company's employment history to be able to show a pattern of discrimination in its hiring policy. However, you should note that statistics alone, without any other support, will likely be insufficient to prove your claim. What could my employer do to deny my allegations, and how do I respond to their denials? Though your prospective employer does not have to deny your allegations, it will likely try to provide a legitimate nondiscriminatory reason for why you were not hired. For example, it could argue that you were not qualified for the position or that you were not as qualified as the man it ultimately chose. To counter your prospective employer's response, you will need to persuade the trier of fact (i.e., the D.C. Commission on Human Rights, judge, or jury) that your employer's reason is a pretext or a cover-up and that sex discrimination was the true reason. Does it matter when the discrimination occurred? To come under the protections of the DCHRA you must file a complaint within one year of the unlawful discrimination. To learn more about how to file a complaint with the DCOHR or a private lawsuit in a D.C. court, visit What Does the Law Say? If I prove my hiring discrimination claim, what kind of remedies am I entitled to? You may be entitled to equitable relief, which is non-monetary relief intended to make you whole again, including but not limited to injunctive relief to correct your employer's discriminatory practices or reinstatement to any position that you lost as a result of discrimination. Additionally, you may be able to recover monetary relief, such as back pay to compensate you for lost earnings and front pay to compensate for a pay differential resulting from discrimination. To learn more about the remedies that you may be entitled to under the DCHRA, visit Remedies. Return to Types of DiscriminationReturn to D.C. Law PageLegal GlossaryReturn to States
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