Would I have a claim against a national fast food chain or one of its managers, for not hiring me due to discrimination against my education?

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Would I have a claim against a national fast food chain or one of its managers, for not hiring me due to discrimination against my education?

I chose a home school for the last 2 years of my high school career.

Asked on January 14, 2013 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unfortunately, it is perfectly legal to discriminate against people who were home-schooled--or who graduated from a school (whether high school or college) which the employer does not respect; or who did not graduate; etc. The law does not protect educational status, the same way it protects characteristics such as race, sex, religion, disability, or age over 40.

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

On the sole basis of education, no, you would not have a claim against a fast food chain.  Members of "protected classes" can file discrimination complaints.  Examples of protected classes have included:  minorities, women, disabled persons, and senior citizens.  An employer can require a certain type or level of education that they feel is necessary to perform their job functions.  If a person does not meet those qualifications, they have the right to reject them as an applicant.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country a potential employer cannot discriminate against a potential employee if he or she is a member of a protected class based upon gender, ethnicity, sexual orientation, religion, and the like.

Unfortunately for you, education of a person, lack thereof or where one attended school is not part of a protected class and a person can not be hired due to such alone legally.


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