Ilegal to refuse to give someone an application?

Factual Questions
1

If a person comes to your place of business and specifically asks for a job application, do you have to give them one? Is it illegal to refuse to do so?

2

If you’re not going to give it to them because of personal preferences, such as thier race or religion, then I’m pretty sure you’re begging for a legal battle.

On the other hand, if you refuse to give it to them because they obviously can’t perform the job (i.e. intoxicated, unable to perform a physical job due to physical limitations, etc.) then you’re probably in the clear.

Note, I say probably. You’re best bet is to give them the application and not hire them, assuming there’s a valid reason not to do so.

3

Valid reason #1: I’ve only got one left and I’d rather save it for an applicant who doesn’t have catsup stains on his shirt.

In other words, if the person at the counter doesn’t have the authority to do any screening, it’s best to give out the application.

4

I doubt it’s illegal to say you’re not hiring anyone at the moment.

5

or you could just say, ‘i’m sorry, we’re out of applications at this time, we SHOULD have some in next week…’ (i’ve gotten that response three times in a row)

6

If you have no applications or are not hiring there’s no particular reason to give them out.

If you’ve got a sign in the window saying “Hiring”, your better option is to give one to anyone who asks. Attempting to make a determination if they’ve got the ‘skills’ for whatever job you’re hiring for, merely from looking at some one is inviting a problem.

I have seen places where they refuse to let you leave the premises w/them (ie they want you to fill it out on the spot)

7
      • I have been told by corporate types I’ve worked with that it’s easier to just give an application to anybody that wants one, and take it from anybody that returns one. The applicants never know how many applications got turned in, and most won’t press the situation if they don’t get hired or called anyway. Unless it’s based on documentable qualifications (degrees, certificates, etc.,) don’t ever tell an applicant why they didn’t get hired. Anything that’s subjective they can argue with, so it’s easier not to say anything.

“On the other hand, if you refuse to give it to them because they obviously can’t perform the job (i.e. intoxicated, unable to perform a physical job due to physical limitations, etc.) then you’re probably in the clear. …”

  • Uh, you might wanna check with a lawyer first. It’s very difficult to prove that any physical disability disqualifies anyone for any job… that is, you have no valid reason to say they can’t do it beforehand. You can hire them for two weeks and then fire them because they can’t do it, but you can’t assume beforehand that they can’t. -And alcoholism is a disease now, if you haven’t heard. Like cancer or typhoid. You just catch it, it’s not your fault, all that drinking had nothing to do with it… It’s probably covered under the company’s or union’s health plan.
    ~
    “…I have seen places where they refuse to let you leave the premises w/them (ie they want you to fill it out on the spot)…”
  • There’s two reasons for that: one is to make a note on the application about the person’s general appearance/demeanor. The other is to prove that the applicant is literate. - DougC
8

Doug thanks, I knew that (since some of my clients are illiterate).

and yes, I never, ever go into reasons why I didn’t hire some one (with them)>

9

Hell, we don’t even have applications. We just get resumes.

10

That’s what I was thinking, lots of jobs don’t even have applications to fill out. In my field, they often won’t even talk to you if they’re not hiring, let alone give you an application. Depending on the company, these forms can have different things to fill out too, and it would be impossible to have a generic application to hand out to everyone. Couldn’t exactly hand out the same application to people applying for the position of:

head mechanical engineer
receptionist
software technician
janitor
CEO
security guard
company accountant

When an opening comes up, they’ll just think about what qualifications they want, and ask for resumes including them (or as happens 90% of the time just shift the current employees around and never even mention to the public that they had a job opening). So I’d say NO, it’s not illegal to refuse someone an application if they just wander in… just don’t say something stupid if they show up the next day with a laywer and news film crew.