Is it okay for an employer to tell me that they aren’t hiring me because of my profile picture on Facebook?

I’m just flabbergasted that a store wouldnot hire me because of a hat I was wearing in the picture, at the returning of my application she said that she’d call me. I was told they aren’t hiring me because of my profile picture on Facebook. It had the word

Asked on March 14, 2016 under Employment Labor Law, Minnesota


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

Answered 4 years ago | Contributor

At will employers can set the conditions of the workplace much as they see fit. This includes choosing who to hire and why. This is true unless a prospective employee's treatment constitutes some form of legal discrimination. This means that if they are not hired due to their race, religion, nationality, disability, age (over 40), gender, and in some states, sexual orientation, that is illegal. Also, the applicant's treament must not violate company policy or the terms of any applicable unnion agreement.

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