If you can’t explain how you select candidates or why you hired one applicant instead of another, get ready for court!
However, there’s a simple, two-step way to keep from being sued:
- Create a hiring process that makes sense.
- Follow it rigorously.
Recent case: Hamid Amini was born in Afghanistan and moved to the United States in 1991. He eventually became a U.S. citizen, graduated from college and received specialized training in law enforcement. Thus he was qualified to work as a police officer.
Amini applied for a position in the Minneapolis Police Department. Applicants there have to take an oral and written examination, a fitness test, a psychological exam and submit to a. The final step involves someone from HR questioning the candidate about his or her qualifications, including the results.
The city then ranks applicants as either qualified or not. The qualified applicants become eligible for hire.
Everything went well for Amini until his background check interview. Apparently, Amini hadn’t mentioned that he had been fired from a previous job for losing his temper following an altercation over a parking spot. Another employer had also disciplined him for relatively minor offenses. When confronted with these incidents, Amini became angry and defensive and lost his temper.
The police department then deemed Amini ineligible for hire because the ability to resolve conflict is an important part of police work.
Amini sued, alleging that he had been singled out because of his race.
But the court tossed out the case. It reasoned that the city had a well-developed and rational selection process, and that the reasons it gave for excluding Amini from the qualified list were valid and not a pretext for discrimination. (Amini v. City of Minneapolis, No. 09-435, DC MN, 2010)
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/12291/ensure-your-hiring-process-is-rational-clear "
- Low-hanging fruit: Obama reverses executive orders, favors labor
- Exit routes: Where danger (and fines) lurk
- As summer heats up, so does employer liability: 5 tips for the season
- Use promotion committee—minus offending boss—to correct possible past discrimination
- When worker claims bias or harassment: document, investigate and communicate