Yes, You Can Be Denied a Job If You Miss the Application Deadline

How Do You Prove Discriminatory Failure to Hire?

Proving that an employer unlawfully refused to hire you based on race, gender, age, or other forms of discrimination requires following the McDonnell Douglas burden-shifting framework as first established by the United States Supreme Court in McDonnell Douglas v. Green, 411 U.S. 792 (1973). This legal process involves three key steps:

Step 1: Establishing a Prima Facie Case

To make an initial case for failure to hire based on discrimination, employees must show:

1. They are part of a protected class (gender, race/color, national origin, religion, gender identity, sexual orientation, age, and disability).
2. They were qualified for the job based on the employer’s stated requirements.
3. They were not hired despite meeting the qualifications.
4. The circumstances surrounding the hiring decision suggest discriminatory intent, such as the job going to a less-qualified candidate outside the protected class.

This initial burden in proving employment discrimination is relatively low—if met, the employer must respond.

Step 2: The Employer Provides a Legitimate, Non-Discriminatory Reason

Once the employee establishes a prima facie case of employment discrimination, the burden shifts to the employer to articulate a legitimate, non-discriminatory reason for not hiring them. Employers often cite reasons such as lack of qualifications, poor interview performance, or failure to submit a proper or timely application.

Step 3: Proving the Employer’s Reason Is Pretext for Discrimination

At this stage, the burden shifts back to the employee to demonstrate that the employer’s stated reason is merely a pretext for discrimination. This can be done by showing inconsistencies, selective enforcement of policies, or evidence that discrimination was a motivating factor in the hiring decision. If an employer deviates from its usual hiring policies in a way that disproportionately benefits or harms a particular group, it may indicate discrimination.

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What Happens If You Miss an Application Deadline?

Job applications come with deadlines for a reason—employers need to ensure a fair and efficient hiring process. Yet, many job seekers believe that an employer should consider late applications or make exceptions. However, as Bamba v. U.S. Department of Homeland Security, 2025 WL 670188 (2d Cir. Mar. 3, 2025), reaffirmed, failing to submit an application on time is a legitimate, non-discriminatory reason for not being hired. If you miss the deadline, the employer has no legal obligation to consider your application.

Miankanze Bamba applied for a Supervisory Program Manager (Mission Support) position at DHS. The job posting clearly required applicants to submit a complete application, including proof of 52 weeks of experience at the GS-13 level, by a specified deadline. Bamba’s application process did not go smoothly, to say the least:

First Application: Submitted without required documentation, so he was not listed on the Certificate of Eligibles—the official list of candidates eligible for consideration.

Second Application: Submitted five days after the review deadline, meaning it was not considered unless, pursuant to regulation, no qualified candidates were found in the initial review.

Bamba argued that the deadline should not have mattered because DHS knew he intended to apply and was aware of his qualifications. However, the United States Court of Appeals for the Second Circuit rejected this argument, emphasizing that hiring processes must adhere to objective criteria and that allowing exceptions would undermine fair and consistent hiring practices. Ultimately, another candidate who met the deadline and submitted a complete application was selected. The Second Circuit Court of Appeals held that DHS followed its standard hiring process and applied the same rules to all applicants. Specifically, the Second Circuit Court of Appeals held that:  DHS had neutral, consistently applied hiring policies; Bamba’s argument that DHS “knew” he wanted to apply was not legally relevant; and there was no evidence that the deadline was selectively enforced based on race or sex. Thus, it held, there was no race or gender discrimination In doing so, the Court of Appeals applied the McDonnell Douglas burden-shifting framework and concluded that Bamba failed to provide any proof that DHS’s stated reason was pretextual.

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Are Application Deadlines Always Strictly Enforced?

While some employers do make exceptions, they are not legally required to do so. Courts have repeatedly held that enforcing clear application deadlines is not discriminatory unless there is evidence that the employer:

• Applied the deadline inconsistently based on race, sex, or another protected status.
• Made exceptions for other candidates but not for the employee.
• Used the deadline as an excuse to disguise discriminatory intent.

One of the strongest indicators of pretext is if an employer routinely accepts late applications but only for one group of applicants, such as white males, while rejecting late applications from others. Without such evidence, missing a deadline is on the applicant, not the employer.

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Think You Were Unfairly Denied A Job? Call Us Today To See If You Have A Failure To Hire Case.

When it comes to fighting workplace discrimination, experience and expertise matter. At Spitz, The Employee’s Law Firm, we focus exclusively on employment law, making us one of the largest and most dedicated firms in the field. Unlike general practice firms, we only represent employees—not employers—so we understand exactly what it takes to win discrimination and retaliation cases.

What sets us apart is our unwavering commitment to employees and our extensive experience in employment law. Our trial-ready approach ensures that we prepare every case as if it will go to court, which makes employers take your claims seriously. We have a proven track record of successfully challenging major corporations and government agencies who engage in race, gender, national origin, sexual orientation, age, or other forms of discrimination. Our employee’s rights lawyer work tirelessly to secure justice for employees facing discrimination and retaliation in workplaces.

Our no-fee guarantee means that you do not pay unless we win your employment discrimination or wrongful termination case, so we are fully invested in achieving the best possible outcome for you. We also bring aggressive advocacy to every case, ensuring that you have the same level of legal firepower that employers rely on to protect themselves. When your job and rights are on the line, you need dedicated representation that puts your interests first.

If you suspect an employer used application deadlines as an excuse to hide discrimination, you may still have a case—but you need an experienced employment attorney to evaluate the facts. At Spitz, The Employee’s Law Firm, we know how to identify real discrimination versus neutral hiring practices and can help determine if you have a valid claim. Contact us today for a free consultation—we only get paid if you win.

Employment Lawyer Disclaimer

This failure to hire, discrimination blog is for informational purposes only and should not be taken as legal advice about race, gender, national origin, LGBTQ, age nor disability discrimination. Reading this blog does not create an attorney-client relationship to assess nor bring an employment discrimination case. If you believe you have been discriminated against in hiring, consult a qualified employment lawyer immediately. Each employment case is unique, and past results do not guarantee future outcomes This blog is an advertisement for legal services provided by Spitz, The Employee’s Law Firm.