Is it discrimination when identified by your race when checking on an application?

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Is it discrimination when identified by your race when checking on an application?

My Son called back on an application and
the person told her manager that it was
a black guy on the phone. The manager
said they were to busy to talk and if he
got a call back that then it’s a job
offer.

Asked on December 12, 2017 under Employment Labor Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Identifying or asking about race is not discrimination: not hiring someone solely or mostly due to race (and not due to legitimate business/employment concerns, like a lack of experience or necessary credentials) is discrimination. It is the discriminatory action, not possessing or inquiring about racial identify, which would be illegal. If your son does not get the job but believes he was a qualified candidate, and therefore that the reason he did not get the job was his race or color, he should contact the federal EEOC to file a complaint.


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