Do you worry you may be courting a discrimination lawsuit when you turn away an applicant or toss an unsolicited résumé in the trash?
Rest assured that turning away applicants when you don’t have an opening isn’t likely to get you in trouble. Courts have followed the common-sense standard that applicants can sue only if they’re applying for a true job opening.
Recent case: Mike Adams worked as a school teacher and athletic coach until his contract wasn’t renewed because of complaints about his . He sued and the school district settled the case.
Meanwhile, one of the other coaches couldn’t complete a year so the school district brought in volunteer coaches from another school to help temporarily. That’s when Adams submitted an application. When he wasn’t hired, he sued alleging retaliation because of his prior lawsuit. A jury sided with him.
The school district appealed and the 5th Circuit Court of Appeals threw out the case. Because the school district never said it had an opening, Adams hadn’t really “applied” for a specific position. Employers can be sued only by applicants who respond to an actual opening. There was no opening and, therefore, no retaliation or discrimination. (Adams v. Groesbeck Independent School District, No. 05-50362, 5th Cir., 2007)
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/2521/applicant-can-sue-only-if-theres-a-true-job-opening "
- BlackBerry time: When must you pay for employees' off-duty PDA hours?
- Good records mean you're always prepared for court
- Federal employees must act fast to file claims of alleged discrimination
- Court: Applicants must apply first before they sue for hiring discrimination
- Worker complained of bias? Discipline with care