Bunko. A potential employer is not punishing a prospective employee by not hiring him. He's just not hiring him.
true...true...and normally i would be in favor of an employer's right to hire and fire for any reason...or even no reason at all...hell, if push came to shove, i probably would be here too, even in spite of my loathing of the hypocrisy of hiring people who drink off duty while not hiring people who smoke off duty....
BUT, there are some hiring/firing decisions that cannot legally be made...i point out race and gender for two...and back when those were legally reasons would you not say that the potential employer was punishing people in those categories?
just sayin'
