Asked in Employment Discrimination and Employment Law for Florida

Q: Can a privet sector employer not hire you because of who your neighbor is

My neighbor is a ex employee

1 Lawyer Answer
Charles M.  Baron
Charles M. Baron
  • Employment Law Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: Depends on if the REAL reason for not hiring is discrimination based on one of the protected classes under the law, such as race, color, sex, age, religion, national origin, handicap, and some other categories. While there is usually no way to get hard proof of the real reason outside of information discovered in a court proceeding, a claim may be made if (A) person(s) in a different class than you are being hired for that position, and (B) the reason for hiring the other person(s) instead of you simply doesn't make sense. If the employer has actually stated, "We won't hire you because of whom your neighbor is", and that makes no sense for what is desired for the position, that would satisfy the "B" factor above. But even if it makes no sense, the private sector employer can get away that if there is no discrimination. So if they hire someone instead who is of the same race, gender, national origin, etc., and not much younger than you, then you may not have the "A" factor above.

Terrence H Thorgaard agrees with this answer

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