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)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Firm pays $190,000 to settle Astoria race harassment case
- Could someone who doesn't work here possibly sue us for discrimination?
- When technological change means jobs are changing too, document the training you offer
- Develop, implement and publicize policies that encourage employees to report harassment