Do I have a discrimination case if I wasn’t hired because of my parent?
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Do I have a discrimination case if I wasn’t hired because of my parent?
I applied for a job, got an interview, was the final canidate for the job, and my name got sent up to HR for hire. However, I got rejected from HR because I would be working under one of my parents? Is this discrimination?
Asked on June 26, 2012 under Employment Labor Law, Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
No, its not illegal discrimination. Employers may freely choose who to hire, and may decide to not hire someone for any reason not specifically made illegal. The main illegal reasons prevent discrimination against certain groups, such as racial or religious groups, the elderly, or the disabled. However, there is no law which makes it illegal to not hire someone because his/her parent works there, so you would not have an actionable legal claim. It's actually not uncommon to not hire children or other close relatives of current employees, to avoid the possibility of favoritism or conflicts of interest.
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