Lexington Park, MD asked in Employment Discrimination and Employment Law for Maryland

Q: Can in employer deny your job and say you’re not qualified if in the requirements section it does not state it

I applied to a position and it said I was not qualified based off of not having a high school diploma because I’m still in school.it is not stated in the requirements section of the job description that was sent by the company The district manager and human resources manager told me I would get promoted once I turn 18. I apply to the position and it said I was not qualified based off of not having high school diploma I’m still in school. The thing is it is not stated in the requirements section of the job description that was sent to me by the company that I need to have a high school diploma.

1 Lawyer Answer

Joseph D. Allen

Answered
  • Employment Law Lawyer
  • Hunt Valley, MD
  • Licensed in Maryland

A: The job description is not definitive when it comes to the question of who is qualified to do the job. It can be strong evidence of what the employer considers qualified, but it is not a contract. But the larger issue is that the employer is not bound by their promise to promote you when you turned 18. Unless you have a written employment contract, they can always change their minds- for instance, based on their misunderstanding that you had a high school degree. Based on the facts you put in your question, there is nothing to indicate they discriminated against you for a prohibited reason.

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