Can the city government tell employers they have to hire a certain percentage of employees from a certain city?

UPDATED: Oct 1, 2022

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Can the city government tell employers they have to hire a certain percentage of employees from a certain city?

The city I live in in California made a rule that tells small businesses in a
certain field that they have to hire 20 percent of their workers from the city
that the businesses are based out of. Can they legally do that? Thanks in
advance for your help.

Asked on April 11, 2018 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, they can do this. An employer (public or private) may set any criteria for employment that it wishes so long as those criteria are not specifially barred or prohibited by the anti-discrimination laws (e.g. no not hiring due to race, sex or religion). There are no laws prohibiting "discrimination" based on city of residence. Therefore, a municipality can require small businesses that it has some influence or say over (like those requiring a certain license, or those doing business with the city) to hire a percentage of employees from the city itself.

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 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.

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