Is a job applicant protected under the National Labor Relations Act (NLRA)?

Author: Melissa Gonzalez Boyce, XpertHR Legal Editor

It depends. While the NLRA makes it an unfair labor practice to refuse to hire or to consider hiring an applicant because of union considerations, the National Labor Relations Board (NLRB) has ruled that an applicant is only entitled to protection under the NLRA if he or she has a "genuine interest" in seeking to establish an employment relationship with the employer. Notably, the General Counsel of the NLRB has the burden to prove that the job applicant has a genuine interest in securing employment.