Three people interviewing a job candidate

Businesses and their recruiting teams could face legal issues by favoring job candidates who already had COVID-19, according to Human Resource Executive.

“Immunity discrimination” is a new concept in which businesses chose to hire a person who had COVID-19 over someone who hasn’t had the virus because it’s believed those who tested positive already are unlikely to be infected again. Not only that, but employees who have been infected could possibly be less of a risk to start an outbreak at the place of work.

It would be wrong for employers to not only seek out information on whether or not a candidate has had COVID-19, but it would also be bad if that information was used to make a decision, Attorney David Barron tells Human Resources Executive. If it’s the job candidate who brings up his or her own experiences with COVID-19, then the person interviewing that individual should change the subject, Barron recommends.

It’s not not just Barron’s opinion that immunity discrimination is bad. He says the Equal Employment Opportunity Commission says it’s illegal to practice immunity discrimination.