What constitutes discrimination in employment?

UPDATED: Sep 30, 2022

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What constitutes discrimination in employment?

I recently applied for a job with a local school. Was told eventhough I meet the qualifications of the job that it would be a conflict of interest because I would have to collect money from people I went to school with. Is it some sort of discrimination?

Asked on September 2, 2016 under Employment Labor Law, New Mexico


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

Answered 6 years ago | Contributor

Employment discrimination has to do with lesser treatment based on an employee's inclusion in a "protected class". This means that a worker is treated unfavorably due to their race, religion, nationality, gender, age (over 40), disability or the like. Accordingly, while your treatment may seemingly appear unfair, it was legal. The fact is that absent an employment contract or union agreement to the contrary, the school district was free to set the conditions of employment much as it saw fit.

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