Can a person be denied employment consideration based upon where they reside?

There is an opening within our community (HOA) clubhouse which a family member has applied for. He was called today and was told that he could not be considered because it is their policy not to hire residents of the community. Is that legal?

Asked on June 11, 2009 under Employment Labor Law, California


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I'm not a California attorney, and this might be a question of state law, which can be different by jurisdiction.  One place you can find a lawyer in your area is our website,

From what I know of federal law, I doubt that there's any rule against this, because: first, a HOA isn't a government agency; second, this isn't based on what's sometimes called a "suspect classification" such as race or religion or political affiliation;  and third, the rule is actually a very reasonable way of preventing potential conflict of interest problems.

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