At some point, an unsuccessful job candidate may challenge your decision not to hire him. Then you will have to justify your selection process.
The more objective criteria you use, the more likely a court will agree not to second-guess your decision.
But if you add subjective elements to the process, you may end up being charged with discrimination—especially if a simple glance at the makeup of your workforce reveals an apparent lack of diversity.
Recent case: David Torgerson and Jami Mundell wanted to work as firefighters for the city of Rochester. Torgerson is a member of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians. Mundell is a woman.
Both passed an objective, oral skills test. They both had taken the appropriate minimum training in firefighting and passed a challenging physical agility test required of all candidates for firefighter positions. They were placed on the city’s eligibility list.
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