Can an employer offer a job then deny you because you have another obligation and aren’t flexible enough?

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Can an employer offer a job then deny you because you have another obligation and aren’t flexible enough?

An employer contacted me via email to schedule an interview in person, so I called to schedule one and at the end of call she didn’t like that I had class on Saturdays from 9 am-4 pm. However, I was very flexible the whole week. It’s pretty discriminating against college students. Plus, after i told her that she became very nasty like saying

Asked on February 8, 2017 under Employment Labor Law, New York

Answers:

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

Answered 4 years ago | Contributor

The fact is that legally actionable discrimination is actionable. However, it is actionable only if the discrimination is based on a person's inclusion in a legally "protected class". This means that it must be based on their race, religion, national origin, age (over 40), disability or the like. Unfortunately, being a college student does not qualify. So unless your treatment violated the terms of a union or collective bargaining agreement, etc., you have no claim here. The fact is that in an "at will" employment setting, a company can set the terms of employment much as it sees fit.


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