As hard as it is to believe, some managers still think they can use sex or race as the reason to hire one qualified applicant instead of other qualified candidates. Of course, that’s wrong, and it could trigger a discrimination lawsuit if word gets out.
That’s why you should remind everyone involved in the hiring process that his or her decision must be blind to personal characteristics. Also, warn them that no one should voice opinions about the preferred race or sex (or other protected characteristic) of the successful applicant.
Recent case: Stephen Schafer, who is white, was up for promotion at a state health agency. He was one of 40 applicants, of whom 13 were deemed qualified enough to be finalists for the position.
The agency convened a selection committee made up of three supervisors. They were supposed to go through the qualified candidate files, interview each one and select the applicant they believed was best qualified. Another agency employee would then make the final decision based on their recommendation.
When Schafer was bypassed in favor of a black woman, he sued.
He alleged that during the selection process he had heard several comments that he took as direct evidence he was being discriminated against because of his sex and race. He claimed one of the selection committee members said the ultimate decision-maker allegedly told the committee that she wanted a black female to get the promotion, and that before the interviews were even completed, the selection was “a done deal.”
The 4th Circuit Court of Appeals reversed a lower court decision to dismiss the case. The appeals court said Schafer had enough evidence to send the case on to trial. (Schafer v. State of Maryland, No. 08-1647, 4th Cir., 2009)
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/11008/tell-managers-no-talk-of-hiring-preferences "
- Small Employers: Introduce the '15-Employee Threshold' Defense Early
- Hiring independent contractor? Be prepared to document that he's not an employee
- North Carolina Unemployment Compensation Law
- Make sure your harassment 'cure' doesn't make the condition worse
- EEOC sues rehab center for failure to accommodate