Can you be sued for not hiring someone?
Sarah Garza
Updated on March 22, 2026
Can you sue an employer because you weren’t hired – or because of things the employer said or did during the hiring process? In some situations, the answer is “yes.” However, these claims can be tough to win.
Can you refuse to hire someone?
In most cases, it is unlawful in California for an employer to refuse to hire an applicant because of his or her medical condition or perceived medical condition. Employment discrimination based on a medical condition is a violation of California state and federal law.
Is it discrimination to not hire a family member?
“Nepotism” is the practice of giving jobs or favorable treatment to friends and family members. Nepotism in and of itself is not illegal. A company owner is allowed to hire a daughter, son, sibling, friend, or any other person they like, even if that person is not the most qualified for the job.
Does an employer have to tell you why they didn’t hire you?
Employers in the United States do not have to give a reason for not hiring you. Many employers choose to send a standard rejection letter without explaining why you did not receive the job. However, even sending a rejection letter is not a legal requirement.
Can a employer decide not to hire you because of your race?
Employers aren’t allowed to discriminate for reasons that go against human rights laws. This means that, in most cases, an employer can’t decide not to hire you because of: your race, colour, ancestry, ethnic origin, citizenship, or where you were born
Can a employer refuse to hire someone because of a criminal conviction?
Spent criminal convictions. Applicants do not have to tell you about criminal convictions that are spent. You must treat the applicant as if the conviction has not happened, and cannot refuse to employ the person because of their conviction.
Can a person Sue an employer if they are not hired?
However, an applicant who is not hired might have a retaliation claim against a former employer, if the applicant lost the job because of that former employer’s retaliatory actions.
Is it illegal for an employer to discriminate against a new employee?
It is also illegal for an employer to recruit new employees in a way that discriminates against them because of their race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information.