Can carelessness and lack of consistency in the hiring process be considered a form of discrimination?
<p>I applied for a position as an independent contractor with a well-known tutoring company. Using their platform would have been an excellent opportunity for me.</p>

<p>Unfortunately, my application was denied without any reasonable explanation or additional details on their part. I'm a highly qualified ACT tutor who scored in the 99th percentile in every subject area on the exam. I have experience with another nationally recognized tutoring company and received excellent reviews on their platform. I submitted a thorough and engaging profile and know I could have helped dozens of students succeed on this life-changing test.</p>

<p>However, I can provide countless examples of approved pages on their site with typos, blatant grammatical errors, and lack of detail. The grammatical errors are particularly disturbing considering these tutors are supposed to be experts in the conventions of standard English. I can find no reasonable explanation as to why my profile was denied and these were approved other than negligence on the part of their content review team. I believe I'm being discriminated against and arbitrarily being denied an opportunity to make a living.</p>

<p>Carelessness is not a form of discrimination: it approaches being a form of non-discrimination. Hiring decisions are usually not made at random, instead employers discriminate between viable and non-viable candidates based on "qualifications", which are job specific. In a completely non-discriminatory system, candidates would be selected at random and would not be distinguished in terms of test scores, licenses, work experience, or anything else. A system of hiring where decisions sometimes follow a set of criteria and sometimes don't (i.e. they are careless in applying test scores) approaches a completely non-discriminatory system.</p>

<p>Certain kinds of criteria constitute <em>illegal</em> discrimination, depending on jurisdiction and the nature of the job. For example, religion, race, race, sex, veteran status, postal code, national origin, marital status might be illegal bases for making a hiring decision. If you have evidence that the real reason for your not being hired is an illegal factor such as race (since this is a US company, it would be), you could file a complaint. Postal code is not a protected characteristic in the US, nor is age. </p>

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