Already decided who to hire? OK to refuse more applications

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in Discrimination and Harassment,Hiring,Human Resources

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)

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