Discrimination in the hiring and selection process is the subject of many letters I receive from individuals who feel strongly that their application did not receive appropriate attention by a particular company. This month I am devoting my column to dealing with discrimination when applying for a position or going through the selection process. There are many types of discrimination such as age, gender, racial, ethnic, religious, physical appearance, disability and sometimes even the name of the applicant when it can be easily identified with a particular group of people. Most companies have a zero-tolerance policy concerning discrimination. However, there are individuals and companies who may use discriminatory practices in their hiring and selection processes. What can you do when you face this situation?

The law provides protection for individuals from employment discrimination. Hiring must be based on qualifications and merit and not on race, color, national origin, religion, gender, age, sexual preference, disability or on how one responds to sexual advances. The company is liable for any discrimination activities by supervisors or managers involved in hiring and selection decisions. Once the employer becomes aware of any of these activities, or should have known about this wrongful conduct, and does not take action, the company is liable.

In applying for a position, how can you determine if you are being treated differently than other applicants. Have you matched your education, experience and qualifications to the job description for the position? Have you researched the company by reading materials and speaking to others familiar with the company? Do you know the company’s recruitment and selection policies and procedures? For a public company, have you checked the company’s Web site for a value, mission or affirmative action statement? When a company reviews your application and curriculum vitae, it is hard to determine if discrimination is taking place since you never meet the individual(s) reviewing your application. You do not know if any of them are biased against people in a certain group. Unfortunately, there are situations where an individual’s prejudice leads to wrong decisions. Oftentimes, these prejudices are unknown to management.

You need evidence to show you were treated unfairly. If you believe you were treated unfairly, contact the human resources department of the company and tell them why you believe you were not treated like the other applicants for the position. Companies want their human resources departments to recruit and select a diverse qualified work force.

Many companies have employment targets as part of an affirmative action plan. If you were interviewed for the position, did the interviewer ask you questions or say things that were offensive to you or people of your race, color, religion, age, etc.? Treating employees in protected groups differently or unfairly from other applicants makes no economic sense. Individuals should be hired based on their qualifications and that should be the only factor considered.

Discrimination takes many forms. The most basic form is the exclusion of a particular group of individuals. Some of the more widespread examples include identification of jobs as “male only” or “female only;” hiring “attractive” women to deal with the public; refusing to hire women with preschool children while hiring men with preschool children; not hiring women of child-bearing years because they will leave the job once they have children; not hiring based on one’s color, type of hair, or other features; not hiring individuals with foreign accents or names difficult to pronounce or that can be identified with a particular group of people; and not hiring individuals because of their age. The fact that an individual has the physical, cultural or linguistic characteristics of a racial, color, or national origin group is not a basis for not hiring him/her. A person should not have to change his/her name to get an interview.

The Federal Civil Rights Act of 1964, Title VII, prohibits employers from discriminating against job seekers on the basis of race, religion, sex, pregnancy, or national origin. Private employers with less than 15 employees are not subject to the Act. Some states prohibit racial or sexual discrimination no matter how few workers the company employs. The Age Discrimination in Employment Act of 1967 protects individuals who are 40 years of age or older. Title I and Title V of the Americans with Disabilities Act of 1990 prohibits employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments.

If an individual believes he or she experienced discrimination in the workplace, a complaint should be filed with EEOC (Equal Employment Opportunity Commission). The EEOC enforces federal discrimination laws. If the complaint is not filed within the required time period, a federal claim under Title VII is not allowed.

The remedies available for employment discrimination in hiring, whether caused by intentional acts or by practices that have a discriminatory effect, may include hiring, payment of attorneys fees, expert witness fees, and court costs and other actions that will make an individual “whole” (in the condition he or she would have been put but for the discrimination.) If discrimination is found, the employer will be required to take corrective or preventive actions to remove the source of the discrimination to minimize the chance of its recurrence. The EEOC resolves discrimination charges by investigation.

Recruitment and selection decisions are important responsibilities of management. With an average turnover of employees at about 15 percent, it is important for a company to have an effective and well-planned system for finding and selecting employees without discriminating against any particular group of people. The objective should be to find the best qualified individual for the position. Recruitment that leaves out entire groups of candidates because of discriminatory policies can result in hiring less qualified people, who cost the company thousands of dollars a year in training, salary, benefits, and lost productivity.

Edward M. Mazze is Distinguished University Professor of Business Administration at the University of Rhode Island.