When several qualified candidates are in the running for a job, you can use interview performance as the deciding factor. Just make sure interviewers note their specific reasons why one applicant seemed better than the others.
Recent case: Will, who is black, retired from his job with the Texas Department of Criminal Justice. Apparently bored with retirement, he applied for an open position and was among those who got an interview that included a work demonstration. When a white woman got the job, Will sued for race discrimination.
But he didn’t get far when the former employer explained it picked the other candidate because her interview work demo was more original and well-thought-out than all the other candidates’ presentations. (Churchill v. Texas, No. 12-20691, 5th Cir., 2013)
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