It's correct in certain places; it depends on the law in the particular place where you are.
For instance, here in Ontario, unnecessary job requirements can be very risky for the employer: if they're found to be even indirectly discriminatory, then they can be struck down and the employer forced to pay a fine and/or an award to the discriminated employee. As an example, the Ontario Human Rights Tribunal has been cracking down on employers that require employees to have a driver's licence if driving for the job isn't actually necessary, since people can be ineligible for driver's licences because of disabilities.
BTW: merely being incorrect does not necessarily imply that a person has committed a fallacy.