Is this a legal thing to ask of a potential employee?

So my friend's friend (lets call him "supervisor") got him an interview with his manager at a potential job. The manager really liked him and told the supervisor that it was ok with her if he hired him. The supervisor then told my friend, "If I wasn't friends with you and I only knew you from the interview then I would definitely hire you. But since I know you outside I think you'll be to 'kick back' on the job so I'm kinda hesistant to hire you. Provide me with 2 job references and I'll consider it some more."

My friend then told him that he didn't think it was fair for him to judge him based soley on their non-professional relationship and that working with someone is a lot different then just being friends with them.

The question is:
Is this fair of an employer to judge someone based on their behavior outside of a working environment, especially since they have never worked together?
Also, is it fair for the supervisor to ask him for references if he didn't ask anyone else

Siyinqabo

To be blunt, it is the employer's decision, and it cannot be legally rejected. Although you are right that the situation is quite unjust, there is nothing anyone, but the employer, can do about it. I would either:

1) Inform someone in a higher position than the employer of the employer's discriminatory hiring manner.

2) If the employer has the ultimate power of decision in this situation, have your friend attempt to convince the employer that he should receive the job, through re-listing his qualifications, and possibly resort to lecturing the employer of his inappropriate actions.

3) If the first two methods are ineffective with the employer, simply get the references, and manage to work for the unfavorable employer somehow.

I hope I could assist you with your complex inquiry. Good luck with your friend's employer!

~ Dylan Mendelson

Janet P

Fair and legal.

It would only be illegal if the referances were based on a protected group.

BTW, the guy is right, it is usually a bad idea to hire friends.

references is normaly asked and being friens that will make it hard but do as told and see if the job comes about.

whiskeyman510

there are 2 questions here.

1) is it fair?
2) is it legal?

It is definetely not fair, but it probably is legal.

However, If your friend is in what the government calls a "protected category" (basically a minority, a woman, someone handicapped or someone over the age of 45), then the employer could be sued for discrimination, especially if the employer did not ask for references from other candidates.

if your friend makes a stink, and/or sues, they might get retribution and compensation, but it would probably take a lot of time and money, and might un-officially blackball them in whatever industry they are in.

The last question I would ask if I were him is do I really want to work for someone so unprofessional who would not only make hiring decisions like that but also voice it in the interview process.

For me the question is simple; I would not want to work for an idiot like that. I wouldn't waste any more of my time dealing with them, and I would move on to greener pastures.

Cowboy87

Completly fair its not like its discrimination

polly_peptide

Yes, totally fair, legal, and responsible. People are not that different outside of work. What people choose to do outside of work is actually a very good indicator of what they are likely to do at work. It is fair to ask for references and it doesn't matter if he asked anyone else or not. He knows your friend is a lazy-butt and is asking him to prove otherwise. He's only making smart business decisions, and you can't complain about that.

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