Employers are free to set hiring standards and then to pick from the most qualified applicants. Disappointed applicants can’t sue just because they believe they were somehow discriminated against. They have to offer some proof that the employer didn’t hire the best-qualified applicant.
Recent case: Bernard applied for work at Mount Sinai Medical Center. He wasn’t invited to interview and sued, alleging disability, national origin and other forms of discrimination.
But Bernard only offered his own subjective suspicion he had been rejected for illegal discriminatory reasons. The employer, on the other hand, argued that it had selected the best-qualified applicants—and showed how each had more or more recent experience than Bernard. His lawsuit was dismissed. (Idlisan v. Mount Sinai Medical Center, No. 12-CV-8935, SD NY, 2015)
Final note: Always document why a successful applicant was the best-qualified person for the job.