Before you authorize hiring or promoting a candidate who doesn’t meet the minimum requirements for the position, consider the potential for litigation.
The fact is, if an employee or applicant who does meet the requirements belongs to a different protected class than the worker who got the job, you could wind up facing a lawsuit. That’s true even if some of those requirements aren’t written down.
Recent case: John Hinton, who is black, worked for Tyson Foods and had many years of experience in all aspects of working on a chicken processing line. He had a solid performance record with no disciplinary problems and great reviews for 13 years.
When a lineposition opened up, Hinton was interested in the job. The written job requirements said applicants needed “three to five years’ experience”—far less than Hinton already had.
But he didn’t get the job. Instead, it went to a white employee with less than three years of...(register to read more)