Would I have a claim against a national fast food chain or one of its managers, for not hiring me due to discrimination against my education?

I chose a home school for the last 2 years of my high school career.

Asked on January 14, 2013 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unfortunately, it is perfectly legal to discriminate against people who were home-schooled--or who graduated from a school (whether high school or college) which the employer does not respect; or who did not graduate; etc. The law does not protect educational status, the same way it protects characteristics such as race, sex, religion, disability, or age over 40.

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

On the sole basis of education, no, you would not have a claim against a fast food chain.  Members of "protected classes" can file discrimination complaints.  Examples of protected classes have included:  minorities, women, disabled persons, and senior citizens.  An employer can require a certain type or level of education that they feel is necessary to perform their job functions.  If a person does not meet those qualifications, they have the right to reject them as an applicant.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country a potential employer cannot discriminate against a potential employee if he or she is a member of a protected class based upon gender, ethnicity, sexual orientation, religion, and the like.

Unfortunately for you, education of a person, lack thereof or where one attended school is not part of a protected class and a person can not be hired due to such alone legally.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.