Legal Aspects of a Job Search

Looking for job can be a stressful and difficult time. You want to be on your best behavior and present yourself in a favorable light. The job interview is particularly stressful. It doesn't help if your prospective employer makes you feel uncomfortable or asks you questions you don't think are appropriate.

Protection against discrimination
Federal and state anti-discrimination laws prohibit employers from discriminating on the basis of race, color, national origin, sex, religion, age or disability. Interviewers and employment applications are prohibited from asking potential employees questions that are designed to weed them out based on these characteristics.

Job references
Another important aspect of the job search is the job reference. If you perform your job well, your employer should be willing to recommend you to a new employer. Even if your former employer is not willing to provide you with a positive recommendation, he or she may not spread false information about you. This violates defamation and blacklisting laws.

Testing job applicants
Employers may also require job applicants to take certain tests, such as drug tests or physical agility tests. Although there are some restrictions, these types of tests are usually allowed. Generally, to be legal, a preemployment test should be related to the job.

Background checks
Employers may also try to look into your background when deciding whether to hire you for a position. The Fair Credit Reporting Act requires employers to get your permission before obtaining your credit information.