Is it illegal discrimination to exclude all foreign applicants?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it illegal discrimination to exclude all foreign applicants?
A member of a faculty search committee said to exclude all applicants from overseas, even though we regularly hire foreign scholars, because it would cost more to bring them in for an interview. Is this illegal discrimination?
Asked on May 21, 2012 under Employment Labor Law, Florida
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Not necessarily. If the foreign applicants are a protected class - say they are all women or persons of color - and you can prove they are being excluded for those reasons then it yes, it would be discrimination. But if the university decided to change their parameters and focus on US applicants for non-biased reasons then I do not hink it could be held to be discriminatory. Good luck.
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 AttorneyPages.com 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.