With so many qualified people applying for jobs these days, it’s much harder for unsuccessful candidates to win hiring discrimination lawsuits. That’s because employers choosing the best candidate often zero in on one bit of experience or a skill that stands out from other applicants. It’s hard to argue that that’s discrimination.
Recent case: William Watkins, who is white, applied for three regional administrator positions with the California Department of Motor Vehicles (DMV). The first step was a screening test that ranked 21 candidates. For each region, the DMV considered the top three candidates who expressed interest in that region. Watkins made all three lists because he applied for all three. Hispanic women occupied the other spots, based on their scores and region preference.
A panel interviewed the top candidates and decided that five, including Watkins, would undergo a final interview with a single manager, who would make the choice for each region.
When Watkins didn’t make the cut, he sued, alleging sex and race discrimination.
But the DMV had carefully tracked the decision-making process. It explained to the court that, although Watkins and the other four top candidates were all genuinely qualified for the three jobs, it came down to small things like whether a candidate had taken the time to familiarize himself or herself with the particular regions. Watkins fared the poorest by that measure.
The court dismissed his lawsuit. Although he competed with four Hispanic women, there was no indication that the test that advanced them and Watkins to the top candidate pool was discriminatory, or that the use of knowledge of the region was an excuse to knock Watkins out of the running. (Watkins v. Department of Motor Vehicles, No. B228441, Court of Appeal of California, 2nd Appellate District, 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/29815/immunize-hiring-processes-against-bias-suits "
- Round up references
- First time hiring member of protected class? Have legitimate rationale before terminating
- Don't fall into the retaliation trap! Have solid reason for firing complainer
- Rule against document removal supports legit business need
- Diversity initiatives: Make sure your good intentions are lawful