Legal Question in Employment Law in New York

Thank you for taking the time to answer my questions.

I�m a New York employer and have the following questions:

Is it legal to lower the required minimum qualifications of jobs for company employees vs external candidates? Can these requirements be different?

For example, can the required minimum qualifications for an external candidate be a Bachelor's degree and 8 years of relevant experience and for our employees be just a Bachelor's degree?

Would external candidates and/or employees have a strong legal case claiming disparate treatment &/or discrimination?


Asked on 11/19/10, 1:12 pm

1 Answer from Attorneys

Locksley Wade Law Office of Locksley O. Wade

It would be a bad idea to make such a blatant distinction. As to your second question, in a perfect world it would not be unlawful discrimination but depending on your industry there may be a case.

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Answered on 11/29/10, 7:46 am


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