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Ask HN: Is it legal for a company to exclude candidates from certain US states?
In my many years of fielding recruiters' requests, I have never seen a Job Description include the fact that people from certain states of the US are ineligible. Is that legal/common?
This one landed in my inbox today:
Who we are looking for:
...
> Lives in the United States (excluding Alaska and Hawaii)
...
There's no mention of 'remote' in the email or the attachment. The JD mentions Healthcare, and protocols and terms like DICOM, HL7, PACS.
- sn0w_crash 4y agoIt’s not illegal to my knowledge. When a company hires someone for an office job, it is inherently EXcluding people from faraway places. While it might not be good practice, it is likely not illegal.
- mikewarot 4y agoThere are tax implications of having employees in a given state, there are good reasons that people might want to avoid a specific state. It could cost them more than the employee from that state is worth.
- paulcole 4y agoNot just tax law, but labor law. Even down to a smaller level, an employer can discover a tax/labor law that applies to one employee physically located in a city but not a second employee in the same state (but different city).
- alexfromapex 4y agoThe only way applicants are really protected from discrimination is what’s on the EEOC website, everything else is fair game https://www.eeoc.gov/employers/small-business/3-who-protected-employment-discrimination https://www.eeoc.gov/employers/small-business/3-who-protecte...
- duped 4y agoIf it's onsite and they're paying relocation costs I could see that being a problem if they have some kind of situation worked out with movers and relo companies