It’s OK to favor applicants who’ve proven they can stick with a job for a while. That’s not discrimination, as a recent court ruling shows.
The key: Allow employees to explain job gaps. Then ignore those that could lead to a discrimination lawsuit.
The case: A Georgia welding company rejected a female applicant due to lengthy gaps in her employment history. She sued for sex bias. But the court tossed out the case because she failed to explain the gaps when the employer asked. (Thomas v. Utility Trailer Manufacturing Company, No. 07-12614, 11th Cir., 2007)
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