Can I sue a company for not hiring me because of where I live?

I am interviewing with a company and they have repeatedly stated that my qualifications are not a concern. There only concern is where I live. I live 75 miles from the office and they are concerned with the daily commute, which I assured them is not an issue for me. If they choose not to hire me do I have a case. I am sure I will have to have something in writing or an email stating that’s why they are not hiring me but I was just seeing what the options were.

Asked on July 31, 2010 under Employment Labor Law, Indiana


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I'm afraid that absent discrimination, your prospective employer is well within its legal rights.  Typically most employment is at-will.  This means that you can choose or not to work for a certain employer.  An employer can choose whether or not to hire someone.  While unfortunate, your this employer's concern about the distance from your home to your job are valid.  In fact, an employer doesn't even have to have a reason not to hire you.

Again, unless discrimination was at play.  You cannot be denied employment if your are a member of a protected class (race, religion, etc).  Merely living too far from work, however, does not put in in such a class.

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