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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12622
Experience:  Significant experience in all areas of employment law.
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I was a stay-at-home mom years. Upon divorce I am forced to

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I was a stay-at-home mom for many years. Upon divorce I am forced to find employment. I am fully capable of the skills required for the positions that I have applied to. I returned to school to receive my bachelor's degree. I am finding it almost impossible to connect with a job shop that will even submit my application for employment. One company hung up on me after finding that I was a stay at home mother. Is this legal and is there any recourse for this behavior?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and thank you for entrusting me to assist you. I am very sorry to hear about the difficult job search.

In general, employers are free to base hiring decisions on anything other than "legally protected traits." Legally protected traits are defined by statute and consist of the following: race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age (over 40), or sexual orientation.

Being a mother is not a legally protected trait, nor is being a stay at home parent. So, it is not illegal to refuse to hire someone on either of these bases. Moreover, even if it were illegal you would be tasked with proving this was the specific reason you didn't get a job. It's the employer's MOTIVATION that matters, and it is almost impossible to prove motivation as employers don't tend to explain why they have declined to offer a job.

So really, any sort of lawsuit for "failure to hire" is a dead end and your time and resources are far better spent applying for new positions. I know it's frustrating trying to get back into the work force, and it is true that some employers are apprehensive to hire people who have not worked for so long. But all you can do is remain determined and keep networking and applying for jobs. Ten applications honestly is not that many. I remember it took me several dozen to land my first legal job. So don't be discouraged, just see it as part of the process and keep positive.

I wish you the best in your search for employment and I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

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