Do I have to hire a graduate of Bob Jones University?

[sawagner201]

California is my state.

I am on the board of a small construction firm in CA. Recently, I received an application from a graduate of Bob Jones University, an openly anti-Catholic university in South Carolina. I have hired people of all religious faiths and identities, but I am very uncomfortable with hiring someone from an institution that is so hateful of the Catholic faith (I am a Roman Catholic). Would it be discriminatory to not hire this person based upon his graduation from BJU? I do not care what his religious beliefs are, just his affiliation with the school.

 

[Some Random Guy]

You are saying that you could care less about his religion or behavior but want to not hire him to punish the religous behavior of his alma mater.

On its face, it sounds legal, but its the kind of hair splitting that judges and juries can tend to dismiss as completely unrealistic. More so because its a completely ineffective punishment for the university.

 

[Ohreallynow?]

Is this a Real Question or are we on "Candid Youtube"?

 

[cbg]

In liberal California? You're kidding, right?

The only question here is how many zeros will be on the check you end up writing him.

 

[sawagner201]

Hi all,

Thank you for your responses, I certainly appreciate your time.

Just to be clear, none of this is meant to be any sort of punishment for the university or the individual. I suppose that I would simply be uncomfortable working with someone who chose to affiliate himself with an institution that openly opposes my beliefs or way of life. Could anyone point me in the right direction--a little more specifically--toward the legality of my situation?

Thanks all, and again I appreciate your time and responses.

 

[cbg]

We already have.

If he is not qualified, you don't have to hire him. But if you refuse to hire him, you'd better have a much better reason than your perception of his beliefs based on what school he went to. I went to a "Christian college" and one of my best friends there was Jewish. What school they attend does not reflect their beliefs.

It is a violation of both Federal and state law to refuse to hire someone based on their religion, or what you perceive as his religion based on his alma mater.

 

[Some Random Guy]

I read your initial post differently than CBG. But now that you clarify that you "would simply be uncomfortable working with someone who chose to affiliate himself with an institution that openly opposes my beliefs or way of life", it is clear that you are attempting to discriminate based on the applicant's religion, or at least your perception of it, which is the same thing.

Clearly illegal discrimination.

 

[xylene]

What about the fact that Bob Jones U. is not an accredited university?

I mean apart from the anti-catholic thing and so called religious freedom issue which is clearly prohibited discrimination, could you refuse to hire a Bob Jones "graduate" on the basis that their degree may as well be printed on a paper towel for all its lack of legitimate acadmeic standing?

 

[seniorjudge]

I have hired lots of folks who have disagreed with my very strong religious and very strong political beliefs. (I am kind of a public figure and everyone "knows" what I believe.)

We just don't talk about it at work.

 

[Ozark_Sophist]

Say the OP is in the South, African American, and a reputed associate of the KKK has applied for a job. Is his not hiring the racist racism?

To the OP - find a legitimate reason not to hire the individual (like the U is not accredited) and never mention what you wrote here again to anybody. But if the board has already discussed it, well...

Also, how many employees does your firm have?

 

[cbg]

Look. You are in what is undeniably the most employee-friendly state in the US.

The chances that any judge will see your refusal to hire him because you are not comfortable with the religious views of the school he went to, as anything but religous discrimination, are somewhere between slim and none.

If there is a legitimate reason not to hire him that does not have anything to do with the school he attended, use that. Otherwise, as I said initially, either hire him or start putting your pennies away to pay the inevitable finding against you.

 

[xylene]

For the record Bob Jones is not accredited. Whatever its moral rigourousness in it accedmic and campus life, and the dubious sucesss of its christian alumni, like all non certified Xtian "higher learning" facilities it is a diploma mill.

 

[cbg]

No one is arguing that point, although the Wikipedia article on the university does not agree with you. If the job specifically requires a degree from an accredited university and the applicant is not from an accredited university, then they can be declined on that basis. But not on the basis that the poster is using. That's illegal discrimination no matter how you slice it.

Also, without a very clear BFOQ for a degree, requirements for certain levels of academic achievement have also been found to have an adverse impact on certain minorities (read; illegal discrimination) so that's not necessarily going to be a valid reason to decline either.

 

[sawagner201]

Thanks everyone. Based on the excellent posts above, I have decided to hire the young man rather than risk a lawsuit.

All the best!
sawagner201

 

[Betty]

Good, you're doing the right & legal thing.