Rejecting applicants? Note why — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Rejecting applicants? Note why

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You no doubt get many applications for open positions—especially with unemployment running as high as it is.

Some of those applicants will have past work-related problems—and a few might have long, checkered histories. When you reject such applicants, be ready to show why you hired someone with a better record instead.

Recent case: Cesar White, who is black, applied for a job as a Florida State Police trooper. But White had a spotty employment history that included a court martial for disobeying orders, auto accidents, dismissal from another state’s police academy and money problems. The state rejected him.

He sued, alleging that white applicants with these sorts of problems had been hired.

Not so, argued the state. It pointed out that the hired applicants had isolated problems, while White’s were extensive. That was enough for the court to toss out the case. (White v. Florida Department of Transportation, No. 09-11283, 11th Cir., 2009)

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