CAN YOU FORCE A COMPANY TO HIRE YOU IF THEY HAVE REFUSED BECAUSE OF YOUR SOCIAL MEDIA POSTS ?.

By BarefootLawyers.

Shamila looked for a job for a while even after graduating with a first class in ‘SWASA’. So, she started her own job as an influencer on social media. She used all the tricks she could think of to get clicks and likes for the companies she was influencing for. Sometimes she even used ‘seductive’ pics and even ‘twerked’ a few times. 

One of the people she did work for recommended her for a SWASA job and she did the interviews. Turns out it was a Christian NGO who even told her that they would do a background check to make sure that she was ‘the right fit for them’.

 

A week later, they got back to her with an email of  ''we are sorry to inform you..”. When she wrote back to find out why they had withdrawn their job offer, she was told that they found her “G-string’ influencer pics and her comments about how ‘she is a man-eater’ 3 days a week. The HR told her that they ‘felt’ she would not reflect the morals they held as a Christian organisation.

WHAT DOES THE LAW SAY ?.

All human beings are equal and should enjoy equal rights before the law. A person cannot be forced to do something against their values to uphold the rights of another as this will only violate their rights.

Under the law, employers are not supposed to base on a person’s the financial status, whether they are male or female, tribe or religion when hiring them as this will amount to discrimination which is against the law.

However, employment law is partly governed by the law of contracts. Under the laws of contract, all individuals have a right to freely enter contracts with whoever they want to.

Therefore, every employer has a right to choose the person who best fits the job and their company. This is why employers advertise, state the qualifications and qualities the person applying should have, and invite the applicants for interviews. This is so that the employer can get to know the person and if they are the right fit for the organisation and the position.

An employer cannot be forced to go against the organisation’s values or their personal values and belief so as to enter into an agreement with another. This in no way means that the employer is discriminating against another person.

📸: Unsplash.