You don’t have to accept any more applications after you have considered enough candidates to make a hiring decision—even if your system still shows the position is open.
Recent case: Kimberly, who is black, went to work for the Billy Graham Evangelistic Association. She claims she was laid off after complaining about alleged race discrimination. She then began applying for other open positions within the association.
Shortly before a proofreading opening was scheduled to close, Kimberly tried to apply. But the hiring manager had already conducted interviews and made a hiring decision. When he refused to take Kimberly’s application, she sued.
The court said refusing the application was fine. Employers don’t have to accept applications after they have already conducted interviews and decided who to hire. (McCallum v. Billy Graham Evangelistic Association, No. 3:09-CV-381, WD NC, 2012)
- Try to settle FMLA claims: Appeals court says you don't need DOL's prior approval
- Workers fail to give FMLA proof? Cut 'Em loose
- Beware legal risks of using school transcripts in hiring
- Whistle-blower claims retaliation by Bexar constable's office
- Hiring from the competition, how much should we ask about any noncompete agreements?