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Use rational criteria to make hiring decisions

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in Discrimination and Harassment,Hiring,Human Resources

As long as hiring managers can logically explain why one applicant was selected instead of another, courts probably won’t question the choice.

Recent case: Lynette, who is black, worked for the U.S. Depart­ment of Transportation (DOT) for 16 years, climbing the ranks from mail clerk to telecommunications specialist. She sought out training and experience and was generally regarded as a good worker.

When a promotion opened up, she applied. The job required technical skills in addition to administrative ones. Instead of Lynette, the hiring manager chose a white man with an engineering background.

Lynette sued, alleging race and sex discrimination.

Her case was dismissed after the DOT showed that the manager be­­lieved he needed someone with more advanced technical skills, not someone with mainly administrative experience. (Dupree v. LaHood, No. 10-1499, 7th Cir., 2012)

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