Is it illegal discrimination to exclude all foreign applicants?

A member of a faculty search committee said to exclude all applicants from overseas, even though we regularly hire foreign scholars, because it would cost more to bring them in for an interview. Is this illegal discrimination?

Asked on May 21, 2012 under Employment Labor Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Not necessarily.  If the foreign applicants are a protected class - say they are all women or persons of color - and you can prove they are being excluded for those reasons then it yes, it would be discrimination.  But if the university decided to change their parameters and focus on US applicants for non-biased reasons then I do not hink it could be held to be discriminatory.  Good luck. 


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