The obvious answer is yes u2024 I could decline to hire you because you farted during your interview. Davidu2019s reference to protected classes refers to Equal Opportunity Employment, so weu2019ll just assume the reason to decline is not for one of those reasons.In the construction industry, we have a lot of turnover. We need people with basic skills, sometimes, those skills are only u201chas a valid driveru2019s license.u201dWhat if a person has tattoos on his or her neck?This is a pretty good example. Thereu2019s nothing wrong with that if the person is applying for some back-office position where customers donu2019t see. However, construction laborers are often sent out to peopleu2019s homes u2024 customersu2024 homes. They may be there, they may not be there.Little old ladies tend to get scared when big men with neck tattoos are hanging around their home and properties. u2024 I didnu2019t make that rule. Itu2019s just something that weu2019ve noticed. And, I donu2019t have the time or utility in the process to see if I can work neck tattoo guy (NTG) at a job that wouldnu2019t matter.I may need to send NTG, at any moment, to go help at the job with little old lady (LOL), and Iu2019m not going to ask my customer if he or she is fine with people working around them with neck tattoos.Thatu2019s odd. Itu2019s atypical. u2024 It would not be normal business practice to ask that.So, we might have a policy that says u2024 sorry. u201cWeu2019d consider your employment, but because of your past actions viz. tattooing your neck u2024 we cannot consider your application. And, I wish you the best of luck.u201dNow, what if we then hired someone else who was more qualified and had neck tattoos? Would that be wrong? Is that unfair treatment?Again, having neck tattoos is not a protected class. So, thatu2019d be fine also under the law.u2014Iu2019ve been at a company where a homeless person, found under a bridge, was hired to give him a chance.If the employer wants to give a person a chance, then he or she can. If you smell like crap when you come to your interview, or come to pick up an application, then that could be immediately disqualifying.These are decisions normal u2024 and okay u2024 for employers to make. Accommodations may be made for you, and may have to be made for you, if you have certain conditions.u2014I think of a very overweight man who stank so bad due to his inability to clean himself u2024 he was applying to be a renter at a commercial property u2024 not for a job u2024 that it was discussed whether weu2019d allow him to rent aka pay money aka bring in income for the company u2024 because the way he smelled might be bad.These are tough choices. If theyu2019re not tough choices, then perhaps youu2019re less human or less ethical than you could be in business.However, if what youu2019re doing is not against the law, then itu2019s your decision, just like itu2019s the applicant's decision to apply for work or to be a lessee.u2014Your question is phrased a bit differently, though. Itu2019s not so much about the decision to hire, rather, itu2019s the decision to accept an application.I would give anyone an application to fill out and bring back, unless that person was obviously intoxicated, obviously rude, or obviously anything obviously disqualifying from the start. u2024 How do you know if someone is intoxicated?Well, you can get training to be the Designated Employer Representative (DER). You can get training to help you to figure out the signs that are articulable, observable, and contemporaneous(-ly recorded) to allow you to rule out people at the point of getting an application, but I still donu2019t know if youu2019d do that. Itu2019d probably be better to get the drunk or drugged up person out of the office by giving him or her an application.Do you have to give him or her a pen or pencil to fill out the application on your property?! u2024 No!How many times do you think Iu2019ve told someone u2024 u201cIu2019ll pay to print you off an application, but that doesnu2019t mean I have to pay for your ink to fill it out?u201du2014Itu2019s usually a good idea to give all people seeking an application an application to fill out. You donu2019t have to allow that person a place, in your property or in your office, in which to fill it out. You donu2019t have to read the application when itu2019s turned back in.Iu2019ve had people tell me, u201cWell I donu2019t have infinite gas money. I need to fill it out here!u201d u2024 To which I replied: u201cWe donu2019t prgas money for your application and interview process.u201dTough love. u2024 There are other ways to get people not to come back than just to say, u201cWe donu2019t like your appearance so please donu2019t come back.u201dThatu2019s not necessarily illegal. In general, itu2019s not illegal.However, if I told a person, u201cIu2019m sorry, Iu2019d love to consider you but youu2019re a black womanu201d u2024 umm. u2024 If I ever did that, I would encourage the individual to sue me and my company, because I would be doing something wrong.u2014I also donu2019t ask customers if itu2019s okay if I send African-Americans or women, or white people, or pick a class u2024 to their jobs. If I were to get a request for an all-anything group of workers, then I would cancel the contract.And, being in rural East Texas u2024 I will tell you the truth. I have gotten those requests, and I have never honored one of them.The customer either changed his or her mind, or I canceled the job. u2024 Thatu2019s a more sophisticated form of your question to answer.I donu2019t have to take work either. I donu2019t have hire people I donu2019t like. I donu2019t have to work for people I donu2019t like. u2024 Asking me to act like that would lead, if not immediately nearly immediately, to my cancellation of the job u2024 for cause.
