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Put HR firewall between those who hire, handle complaints

by on
in Hiring,Human Resources

Here’s why HR professionals who handle complaints and those who screen job applications shouldn’t share information with one another: It prevents needless lawsuits over failure to hire past employees or those who complained about hiring practices in the past.

Recent case: Nina, a woman of Ukrainian national origins, sued a state agency when she wasn’t hired as a CPA. She alleged that the agency screened her out in retaliation for an earlier complaint she had filed.

But the agency showed that the HR personnel responsible for screening applicants had no access to prior complaints and knew nothing about Nina and her past protected activities. Since there was an effective firewall, the court said refusing to hire her could not be retaliation. (Shahin v. State of Delaware, No. 13-2119, 3rd Cir., 2013)

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