Can An Employer Ever Use Race, Gender, or Age in Employment Decisions

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Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

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Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: Mar 19, 2026

Read Time: 1 mins

The general answer to that is no, but there are very few and limited cases where sometimes an employer can substantiate a legitimate business reason based on their type of company. For example, certain restaurants or certain religious institutions may have rules that require them to have a certain type of employee working there, but those are very few and far between. So the general answer is if you were told you can’t get a job due to your race, it’s probably the wrong answer.

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Can An Employer Ever Use Race, Gender, or Age in Employment Decisions

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