Can an employer refuse to hire based on another employees feelings toward a potential candidate?

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Can an employer refuse to hire based on another employees feelings toward a potential candidate?

I have 3 companies that are giving me issues about hiring me. I have a 5 year old boy to raise and no current employment due to a move. The only reasons that they are not willing to hire me is 1 employee that works with them either does not like me or we share the same last name but no relation or issues.

Asked on June 19, 2015 under Employment Labor Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unfortunately, this is legal: employment is "employment at will." Employment at will means that an employer may refuse to hire someone for any reason which is not illegal discrimination, such as refusing to hire someone because they are a woman, or because of their religion, or because they are disabled, or over 40, or because of their race.

(Note: an employer can refuse to hire an African American, a woman, a Jew, a disabled person, or an older person--they simply can't refuse to hire them *because* they are African American, Jewish, disabled, over 40, etc., but rather need a different reason, including, as discussed below, personal dislike.)

"Any" reason in this context is literally *any* reason that is not discrimiantion. That includes because someone working there already doesn't like the prospective employee, or because someone "heard" something bad about her. Unfortunately, unless you can show illegal discrimination aimed at you because of a protected characteristic (like race, religion, or sex), there is usually no way to challenge a decision to not hire you.


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.

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