Employers that develop clear, fair and transparent hiring processes seldom have to worry about losing a failure-to-hire lawsuit. That’s true even if they end up using so-called subjective reasons for not hiring a candidate.
Simply put, judges are impressed when it looks like a potential employer bends over backward to ensure it doesn’t discriminate. They’re inclined to grant a little leeway when subjective factors wind up being the difference between successful and rejected candidates.
Recent case: Hamid Amini, who has a college degree and law enforcement experience, applied to become an officer with the Minneapolis Police Department.
Amini revealed on his application that he attended high school in Afghanistan and lived for a while in India. The city separates background information from candidate files during the initial process. That way, no one involved in the first cut of the selection process has access to background i...(register to read more)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Prevent managers from interfering with employees' ADA rights
- Ban all supervisor comments about workers' ages
- Expressing concern about employee's condition isn't enough to show disability discrimination
- Boeing flying low following EEOC harassment settlements