It doesn’t take much to start a federal lawsuit. However, you can help prevent hiring lawsuits with one simple tactic: Have two company representatives sit in on interviews. Then have both reps deliver the news when you have to tell an applicant she wasn’t selected.
As this case shows, that extra effort can be insurance against a nasty “he said/she said” lawsuit.
Recent case: Nafiseh Safi worked for Royal Jordanian Airlines and retired at age 55. Later, she applied for open positions with the airline, but wasn’t hired.
Safi sued, claiming her interviewer told her directly that she was too old for the job. Safi alleged that the airline then hired women in their 20s.
The interviewer denied making any such statement and said he rejected Safi because she was argumentative and abrasive, qualities he saw as liabilities in customer service positions like the one Safi sought.
Nonetheless, the court said the case could go forward since it was essentially one person’s word against another’s. (Safi v. Royal Jordanian Airlines, No. 08-C-7365, ND IL, 2010)
Final note: A couple of years ago, the U.S. Supreme Court made it harder for applicants and employees to win age discrimination lawsuits. Rather than show that age was one of the factors in the company’s decision, people must now show it was the sole reason.
From a practical standpoint, that means plaintiffs must have direct proof of age discrimination—like the alleged statement in this case.
When all the interactions in the hiring process are one-on-one, applicants may feel like they can get away with stretching the truth, when they file a lawsuit and during litigation. But if you have two representatives present, that makes it much harder for applicants to lie … and for a court to believe it.
- USERRA: Another worry when using independent contractors
- Ohio disability law doesn't cover temporary injuries
- 'Blind' applications help defend against frivolous lawsuits
- Let managers know they may be held personally liable for bias
- Good news for supervisors, HR pros: No personal liability under Title VII