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  1. #1
    Join Date
    Dec 2014
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    1

    Default Refusal of an Opportunity to Apply

    My question involves labor and employment law for the state of: Texas

    I inquired about a job for which I had seen an ad. The job qualifications posted were specified as the following: high school diploma or equivalent, reliable with strong work ethic, availability to work retail hours, ability to learn and become expert on the extensive product line, and 2 years of college preferred.
    Mind that I am a junior in college and have completed more than the preferred arount of education and meet the job qualifications.
    So I proceeded to contact the store as they only provided contact through email. I received an email saying that they were only hiring for full time people that have completed college. I thought this was odd considering I didn't mention whether or not I was available to work full time. I merely asked if they were still hiring and that I was a junior in college and interested in applying.

    My question is can the manager deny me the opportunity to apply when I meet the qualifications that were posted by the company saying that he only wants to hire those that have completed college?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,492

    Default Re: Refusal of an Opportunity to Apply

    Yes. He is not obligated to allow you to apply. "Educational discrimination" is perfectly legal.

  3. #3
    Join Date
    Sep 2011
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    OH10
    Posts
    17,019

    Default Re: Refusal of an Opportunity to Apply

    Retail hours are normally between 8 am and midnight, including holiday season however, they can be anything in a 24 hour segment. A junior in college is a person attending college. Therefore, they do not appear to meet the qualification of being available during retail hours when required.

  4. #4
    Join Date
    Nov 2013
    Location
    Pennsylvania
    Posts
    806

    Default Re: Refusal of an Opportunity to Apply

    Where does the opinion of younger people come from that they are "entitled" to something? When did a business owner become obligated to hire a specific individual? Of course he doesn't have to hire you. And he doesn't need a reason not to hire you. Unfortunately for you, college kids get a bad rap (generally) becasue they constantly change their schedule due to class workload and projects, and then they need off for breaks and mid-terms and finals. Part-time students really are difficult to plan business needs around. I would imagine he doesn't want a part time person that is still a student for just those reasons. In any case, there are a lot of other stores and jobs that are better fits for part-time workers and students so keep looking and don't get discouraged.

  5. #5
    Join Date
    Jun 2013
    Posts
    551

    Default Re: Refusal of an Opportunity to Apply

    Quote Quoting crij66
    View Post
    2 years of college preferred.

    My question is can the manager deny me the opportunity to apply when I meet the qualifications that were posted by the company saying that he only wants to hire those that have completed college?
    I think the confusion is coming here. Typically, if an employer says "2 years of college preferred" they are referring to a 2 year degree, i.e. an associates. Not 2 years of a 4 year program.

  6. #6
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Refusal of an Opportunity to Apply

    Quote Quoting crij66
    View Post
    So I proceeded to contact the store as they only provided contact through email. I received an email saying that they were only hiring for full time people that have completed college. I thought this was odd considering I didn't mention whether or not I was available to work full time. I merely asked if they were still hiring and that I was a junior in college and interested in applying.
    It sounds like it's probably a boilerplate "Thanks, but we're not interested" response, as opposed to one tailored for each applicant.
    Quote Quoting crij66
    My question is can the manager deny me the opportunity to apply when I meet the qualifications that were posted by the company saying that he only wants to hire those that have completed college?
    You weren't denied the opportunity to apply, as such. You were told that, based upon the qualifications you represented to them, you were rejected.
    Quote Quoting Disagreeable
    View Post
    Retail hours are normally between 8 am and midnight, including holiday season however, they can be anything in a 24 hour segment. A junior in college is a person attending college. Therefore, they do not appear to meet the qualification of being available during retail hours when required.
    That may have been a consideration, but it's not necessary to speculate -- as cbg stated, the employer is entitled to set an educational requirement for the job and reject any applicant who doesn't meet it.

    Here, the gist of the question seems to be, "They said two years of college would be fine, but now they want a completed degree." The fact is, sometimes employers are so overwhelmed by applicants that they use screening requirements above the minimum job requirements in order to reduce the applicant pool to a manageable level. Increasing the educational requirement is a simple and legal way to reduce the applicant pool.
    Quote Quoting brownj12
    View Post
    I think the confusion is coming here. Typically, if an employer says "2 years of college preferred" they are referring to a 2 year degree, i.e. an associates. Not 2 years of a 4 year program.
    I disagree, but as I noted (consistent with what cbg said) it doesn't matter under the described scenario.

  7. #7
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Refusal of an Opportunity to Apply

    MrK, I believe the reference to a completed degree meant either an associates or a bachelors, not attending college currently.

  8. #8
    Join Date
    Sep 2005
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    98,846

    Default Re: Refusal of an Opportunity to Apply

    Quote Quoting Disagreeable
    View Post
    MrK, I believe the reference to a completed degree meant either an associates or a bachelors, not attending college currently.
    "2 years of college preferred" means exactly what it says. It does not say or mean "Associate's degree or higher".

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