AmI facing employment discrimination because of my experience?
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AmI facing employment discrimination because of my experience?
I’m applying for the first paid position (which happens to be the exact position I’ve been doing for 4 years, unpaid) at a non-profit organization I co-founded 6 years ago. The board of directors are not allowing me to use references from anyone who has had any tie to this organization. Is this legal? Of course all my best references are former co-workers at this organization and I think not allowing them puts me at a significant disadvantage.
Asked on December 8, 2011 under Employment Labor Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
First, only certain forms of discrimination are actually illegal. Under federal law, employers can't discriminate on the basis of race, religion, age over 40, sex, or disability. Some states, like NY, NJ, IL, or CA, add a few more categories, such as sexual orientation, family status, or national origin. But apart from the specifically protected categories, "discrimination" is legal--that is, except as provided by law, employers do not need to be fair to everyone, unfortunately.
Second, even in regards to the protected categories, an employer may take an action which disadvantages a member of one of those categories, so long as the action is justifiable on non-discriminatory grounds. Barring the use of references from people at the organization could serve legitimate purposes, such as insuring that the organization looks beyond its own confines in making hiring decisions, and would therefore likely be non-discriminatory, anyway.
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