Is ignoring a job applicant a form of discrimination?

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Is ignoring a job applicant a form of discrimination?

I have applied to hundreds of employment opportunities over the last 5 months and have had some luck getting face-to-face interviews. After completing the interviews and getting rejected for the job, some recruiters or hiring managers say, “Keep your eye out for other opportunities with us and give me a call”. I have taken their advise and have applied to other opportunities with them and followed up with a phone call (and email) to receive no answer, no reply, no callback.

Asked on July 6, 2015 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It may be discrimination if you believe (and as a practical matter, believe you can show) that they are ignoring you due to a protected characteristic, such as ignoring you because of your race, your religion, being over 40 years old, your disability, or your gender. If they are simply ignoring you because they don't like you or you made a bad impression, or because you don't have the qualifications they need, or the job is filled by the time you contact them, etc., then there is no illegal discrimination. Employees are allowed to ignore or turn down people at will, so long as they don't do it because of a protected characteristic.


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