No doubt you are still getting more applications for open positions than you can reasonably expect to interview. Unfortunately, some applicants don’t take rejection well. That’s why you need to document what you did with each application. You’ll be able to explain later why the candidate didn’t get the interview or the job.
Something as simple as the fact the applicant didn’t fill out the form completely may help you if you’re sued.
Recent case: Angelo, who is Hispanic, worked for Amtrak for 34 years, holding various positions as a ticket and reservations clerk, material handler and lead baggage clerk. He applied for the position of Harrisburg District Manager.
Applicants were required to have, among other qualifications, station operation experience, the ability to effectively communicate with customers and organizations and demonstrated experience in a supervisory orposition.
The job posting also stated that it was highly desirable for an applicant to have experience in mechanical operations.
Four candidates were chosen to interview. Angelo was not one of them, based on lack of qualifications and because he had not properly completed the entire application as instructed.
He sued, alleging discrimination.
But he couldn’t show that the chosen candidate was less qualified than himself. In addition, Amtrak was free to reject applicants who didn’t completely fill out the application. His case was dismissed. (Rodriguez v. Amtrak, No. 12-3062, 3rd Cir., 2013)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Employee suing for bias? Double-check whether he's filed EEOC or MHRA complaint
- Ignore harassment at your peril: It could embolden harasser and end in disaster
- Employ simple strategy to catch resume lies
- Prevent new type of lawsuit: Credit-Check discrimination