Employers sometimes have several similar jobs that require almost identical skills, certificates or training. But that doesn’t mean that all these positions can’t have different hiring requirements. Just make sure you can justify the differences.
Recent case: Rogue Barrientos worked for the city of Eagle Pass as a firefighter. He quit to work for U.S. Customs and Border Protection. However, that job fell through after a few days and Barrientos was interested in returning to his old job. He reapplied when he learned there was an opening.
But the city required all new hires for firefighter positions to pass an agility test. Barrientos couldn’t pass the test and therefore wasn’t rehired.
When he learned that two women had been hired to emergency medical technician (EMT) jobs without undergoing an agility test, he sued, alleging sex discrimination.
His argument was that the jobs were virtually identical and involved the same certifications and education. Therefore, he contended, they should have had the same hiring requirements.
The city argued that while EMTs might treat patients at fire scenes, they didn’t respond to fires and fight them.
That alone was reason enough not to require the agility test. Plus, the EMT positions were part-time jobs, while the one Barrientos wanted was full time.
The court agreed with the city and dismissed Barrientos’ case. The two jobs weren’t similar enough to warrant identical hiring criteria. (Barrientos v. City of Eagle Pass, No. 11-50265, 5th Cir., 2011)
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/28633/even-if-jobs-seem-quite-similar-feel-free-to-use-different-hiring-criteria "
- Employee 'odor policy' doesn't pass the smell test
- Investigate or else! When harassment surfaces, HR inquiries and action could be worth millions
- North Carolina Retaliatory Employment Discrimination Act
- HR in the new year: 10 trends, 10 resolutions
- Don't let petty grievances cost you sleep: They seldom cause discrimination liability