Federal and State Law
An employer cannot discriminate against you for any reason other than your ability to do the job. By federal law, an employer cannot discriminate against you because of your race, color, religion, sex, or national origin. The law applies to decisions about hiring, promotion, working conditions, and firing. The law specifically protects workers who are over the age of 40 from discrimination on the basis of age.
The law also protects workers with disabilities. Employers must make their workplaces accessible to individuals with disabilities--for example, by making them accessible to wheelchairs or by hiring readers or interpreters for blind or deaf employees.
Federal law offers additional protection to employees who work for the federal government or for employers who contract with the federal government. State law often provides protection also, for instance, by prohibiting discrimination on the basis of marital status, arrest record, political affiliations, or sexual orientation.
Affirmative Action
Affirmative action programs are set up by businesses that want to make a special effort to hire women and members of minority groups. Federal employers and many businesses that have contracts with the federal government are required by law to set up affirmative action programs. Employers with a history of discriminatory practices may also be required to establish affirmative action programs.
Discrimination against Job Applicants
A job application form or interviewer may ask for information that can be used to discriminate against you illegally. The law prohibits such questions. If you are asked such questions and are turned down for the job, you may be a victim of discrimination. However, under federal law, employers must require you to prove that you are an American citizen; or that you have a valid work permit.
Discrimination on the Job
Discrimination on the job is illegal. Being denied a promotion for which you are qualified or being paid less than coworkers are paid for the same job may be forms of illegal discrimination.
Sexual, racial, and religious harassment are forms of discrimination and are prohibited in the workplace. On-the-job harassment includes sexual, racial, or religious jokes or comments. Sexual harassment includes not only requests or demands for sexual favors but also verbal or physical conduct of a sexual nature.
Job Discrimination - What You Can Do
Contact Federal or State Commissions
If you believe that your employer practices unfair discrimination, you can complain to the state civil rights commission or the federal Equal Employment Opportunity Commission (EEOC). If, after investigating your complaint, the commission finds that there has been unfair discrimination, it will take action against the employer. You may be entitled to the job or promotion you were denied or to reinstatement if you were fired. You may also receive back pay or other financial compensation.
Contact a Private Organization
There are many private organizations that can help you light job discrimination. For example, the American Civil Liberties Union (ACLU) works to protect all people from infringement on their civil rights. The National Association for the Advancement of Colored People (NAACP), National Organization for Women (NOW), and Native American Rights Fund may negotiate with your employer, sue on your behalf.
This section is most effective if you can mention any special recognition, awards, or other evidence of excellence. It is also useful to mention if you are willing to relocate or can work unusual hours.
Have References
Available employers may also want to know whom they can contact to find out or start a class action suit--a lawsuit brought on behalf of all individuals in your situation.
What to Do If You Lose Your Job
Being Fired and Being Laid Off
An employer usually has the right to fire an employee at any time. In many cases, however, an employer can fire you only if there is good cause, such as your inability to do the job, violation of safety rules, dishonesty, or chronic absenteeism.
Firing an employee because of that employee's race, color, religion, sex, national origin, or age (if the employee is over 40) is illegal. Firing an employee for joining a union or for reporting an employer's violation (called whistle-blowing) is also prohibited. If you believe you have been wrongfully discharged, you should contact the EEOC or the state civil rights commission.
At times, employers may need to let a number of employees go to reduce costs. This reduction in staff is called a layoff. Laying off an employee has nothing to do with the employee's job performance. Federal law requires employers who lay off large numbers of employees to give these employees at least two months' notice of the cutback.
Unemployment Compensation
Unemployment insurance is a state-run fund that provides payments to people who lose their jobs through no fault of their own. Not everyone is entitled to unemployment compensation. Those who quit their jobs or who worked only a few months before losing their jobs may not be eligible.
The amount of money you receive depends on the amount you earned at your last job. You may receive unemployment payments for only a limited period of time and only so long as you can prove that you are actively looking for a new position.
Each claim for unemployment compensation is investigated before the state makes any payments.
More about you
At the start of your job search, you should ask three or four people if you may use them as references. If you haven't seen these people for a while, you may want to send them a copy of your resume and let them know what kind of position you're seeking. Your references should be the kind of people your potential employer will respect, and they should be able to comment favorably on your abilities, personality, and work habits. You should indicate whether these people are personal references or former work supervisors. Avoid using any state unemployment agency that decides to deny you compensation. You may ask the agency for instructions on how to appeal on that decision.
Other Protections for Employees
Honesty and Drug Testing
Many employers ask job applicants or employees to submit to lie-detector tests or drug tests. Lie-detector tests are permitted in the case of high-security positions, such as police officers. Some states prohibit or restrict the testing of applicants or employees for drug use. Aptitude and personality tests are generally permitted.
Other Federal Laws
The Fair Labor Standards Act prescribes certain minimum wages and rules about working hours and overtime payments. Workers' compensation laws provide payment for injuries that occur in the workplace and wages lost as a result of those injuries.
The Occupational Safety and Health Act sets minimum requirements for workplace safety. Any employee who discovers a workplace hazard should report it to the Occupational Safety and Health Administration (OSHA). The administration will investigate the claim and may require the employer to correct the problem or pay a fine.
Rights Guaranteed by Contract
Not every employee has a written contract. If you do, however, that contract may grant you additional rights, such as the right to severance pay in the event you are laid off. In addition, employees who are members of a union may have certain rights guaranteed through their union contract.
Before you sign any contract, make sure you understand every part of it. Read it thoroughly and ask the employer questions. Checking the details of a contract before signing it may prevent misunderstanding later on.
You can list the names and addresses of your references at the end of your resume or in a cover letter. Or, you can simply write, "References available upon request." Just be sure you have their names, addresses, and phone numbers ready if you are asked.
Present Yourself Concisely
Tips for making your resume concise include using phrases instead of sentences and omitting unnecessary words. When appropriate, start a sentence with a verb, such as maintained or coordinated. There is no need to say "I"-that is obvious and repetitive.
Present Yourself Well
Employment counselors often recommend that resumes be no longer than one page because employers won't take the time to read a second page. If you've held many positions related to your occupation, go on to the second page, but don't include beginning or irrelevant jobs. If you have a lot of work experience, limit the education section to just the essentials.
You should also concentrate on the appearance of your resume. It should be typed on a good grade of white bond paper. If you can't type, a professional typist can do it for you for a small charge. Be sure that it is neatly typed with adequate margins. The data should be spaced and indented so that each item stands out. This enables a busy executive or personnel director to see at a glance the facts of greatest interest.
You will probably need many copies of your resume during your job search. Each copy should be as neat and as clear as your original. If possible, input your resume on a computer and print copies on a good-quality printer. You may want to have your resume reproduced professionally. A photo-offset printer can make several hundred excellent copies for a moderate fee. A photocopying machine may be more economical for smaller quantities.
These suggestions for writing a resume are not hard-and-fast rules. Resumes may be adapted to special situations. For example, people with a variety of work experience often prepare several versions of their resume and use the experience that's most relevant when applying for a particular job.
If this is your first resume, show it to someone else, perhaps a guidance counselor, for constructive advice. No matter what, be truthful while emphasizing your assets. You can do that by showing the abilities, skills, and specific interests that qualify you for a particular job. Don't mention any weaknesses or deficiencies in your training. Do mention job-related aptitudes that showed up in previous employment or in school. Don't make up things about yourself; everything that's in your resume can, and sometimes will, be checked.
Writing Cover Letters
When you send your resume through the mail or the Internet, you should send a cover letter with it. This is the same whether you are writing to apply for a specific job or just to find out if there are any openings.
A good cover letter should be neat, brief, and well written with no more than three or four short paragraphs. Since you may use your resume for a variety of job openings, your cover letter should be very specific. Try to get the person who reads it to think that you are an ideal candidate for a particular job. If at all possible, send the letter to a specific person, either to the personnel director or to the person for whom you would be working. If necessary, call the company and ask to whom you should write.
Start your letter by explaining why you are writing. Say that you are inquiring about possible job openings at the company, that you are responding to an advertisement in a particular publication, or that someone recommended that you should write. (Use the person's name if you have received permission to do so.)
Let your letter lead into your resume. Use it to call attention to your qualifications. Add information that shows why you are well suited for that specific job. For example, the applicant for the airport manager position pointed out in the sample letter that he is familiar with the duties involved in managing an air-port terminal. He also emphasized his experience in dealing with major airline corporations. In the second sample letter, the applicant for a position as special service bus driver mentioned her experience as a van driver.
Completing the Application Form
Many employers ask job applicants to fill out an application form. This form usually duplicates much of the information on your resume, but it may ask some additional questions. Give complete answers to all questions except those that are discriminatory. If a question doesn't apply to you, put a dash next to it.
You may be given the application form when you arrive for an interview, or it may be sent to your home. When filling it out, print neatly in ink. Follow the instructions carefully. For instance, if the form asks you to put down your last name first, do so.
The most important sections of an application form are the education and work histories. As in your resume, many applications request that you write these in reverse chronological order, with the most recent experience first. Unlike your resume, how-ever, the application form may request information about your earnings on previous jobs. It may also ask what rate of pay you are seeking on this job.
Be prepared to answer these and other topics not addressed on your resume. Look at the sample application form, and make note of the kinds of questions that you are likely to be asked--for example, your Social Security number, the names of previous supervisors, your salary, and your reason for leaving. If necessary, carry notes on such topics with you to an interview. You have a responsibility to tell prospective employers what they need to know to make an informed decision.
Neatness Counts
Think before you write on an application form so you avoid crossing things out. An employer's opinion of you may be influenced just by the general appearance of your application form. A neat, clearly detailed form may indicate an orderly mind and the ability to think clearly, follow instructions, and organize information.
Under federal and some state laws, an employer cannot demand that you answer any questions about race, color, creed, national origin, ancestry, sex, marital status, age (with certain exceptions), number of dependents, property, car ownership (unless needed for the job), or arrest record.
Presenting Yourself in an Interview
An interview is the climax of your job-hunting efforts. On the basis of this meeting, the prospective employer will decide whether or not to hire you, and you will decide whether or not you want the job.
Prepare in Advance
Before an interview, there are a number of things you can do to prepare. Begin by giving some more thought to why you want the job and what you have to offer. Then review your resume and any lists you made when you were evaluating yourself so that you can keep your qualifications firmly in mind.
Learn as much as you can about the organization. Check with friends who work there, read company brochures, search the Internet, or devise other information-gathering strategies. Showing that you know something about the company and what it does will indicate your interest.
Try to anticipate some of the questions the interviewer may ask and think of how you would answer. For example, you may be asked: Will you work over-time when necessary? Are you ready to go to night school to improve some of your skills? Preparing answers in advance will make the process easier for you. It is also wise to prepare any questions you may have about the company or the position for which you are applying. The more information you have, the better you can evaluate both the company and the job.
Employers may want you to demonstrate specific skills for some jobs. An applicant for a job as a bus driver, for example, might be given a driving test. Applicants for truck driver positions might be asked to show the necessary chauffeur's license.
On the appointed day, dress neatly and in a style appropriate for the job you're seeking. When in doubt, it's safer to dress on the conservative side, wearing a tie rather than a turtleneck or wearing a dress or blouse and skirt rather than pants and a T-shirt.
Be on time. Find out in advance exactly where the company is located and how to get there. Allow extra time in case you get lost, get caught in a traffic jam, can't find a parking spot, or encounter another type of delay.
Maintain a Balance
When your appointment begins, remember that a good interview is largely a matter of balance. Don't undersell yourself by sitting back silently. Don't oversell yourself by talking nonstop about how wonderful you are. Answer all questions directly and simply, and let the interviewer take the lead.
Instead of saying, "I'm reliable and hardworking," give the interviewer an example. Allow the interviewer to draw conclusions from your example.
It's natural to be nervous before and during a job interview. However, you need to try to relax and be yourself. You may even enjoy the conversation. Your chances of being hired and being happy if you get the job are better if the employer likes you as you are.
Avoid discussing money until the employer brings it up or until you are offered the job. Employers usually know in advance what they are willing to pay. If you are the one to begin a discussion about the salary you want, you may set an amount that's either too low or too high.
Be prepared to ask questions, but don't force them on your interviewer. Part of the purpose of the interview is for you to evaluate the company while you are being evaluated. For instance, you might want to ask about the company's training programs and its policy on promotions.
Don't stay too long. Most business people have busy schedules. It is likely that the interviewer will let you know when it's time for the interview to end.
Don't expect a definite answer at the first inter-view. Employers usually thank you for coming and say that you will be notified shortly. Most employers want to interview all the applicants before they make a hiring decision. If the position is offered at the time of the interview, you can ask for a little time to think about it. If the interviewer tells you that you are not suitable for the job, try to be polite. Say, "I'm sorry, but thank you for taking the time to meet with me." After all, the company may have the right job for you next week.
Follow Up After the Interview
If the job sounds interesting and you would like to be considered for it, say so as you leave. Follow up after the interview by writing a brief thank-you note to the employer. Express your continued interest in the position and thank the interviewer for taking the time to meet with you.
It's a good idea to make some notes and evaluations of the interview while it is still fresh in your mind. Write down the important facts about the job--the duties, salary, promotion prospects, and so on. Also evaluate your own performance in the interview. List the things you wish you had said and things you wish you had not said. These notes will help you make a decision later. They will also help you prepare for future interviews.
Finally, don't hesitate to contact your interviewer if you haven't heard from the company after a week or two (unless you were told it would be longer). Write a brief note or make a phone call in which you ask when a decision might be reached. Making such an effort will show the employer that you are genuinely interested in the job. Your call will remind the interviewer about you and could work to your advantage.
Take Charge
The field of transportation offers many job opportunities. Job hunting is primarily a matter of organizing a well-thought-out campaign. Scan the classified ads, search through online job banks, watch for trends in local industry that might be reported in the news, and check with people you know in the field. Take the initiative. Send out well-crafted resumes and cover letters. Respond to help-wanted advertisements. Finally, in an interview, state your qualifications and experience in a straightforward and confident manner.
