Sometimes, it’s a close call to decide who will be the best fit for a job. Checking applicants’ references can break that tie. Just make sure you take careful notes during those discussions, and retain those notes in case there’s litigation.
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Sometimes, it’s a close call to decide who will be the best fit for a job or promotion. There may be several candidates with the relevant education, training and experience. If that’s the case, the decision may come down to who has the best “soft” skills—subjective qualities indicating a good fit. Checking applicants’ references can break that tie.
Employers that develop clear, fair and transparent hiring processes seldom have to worry about losing a failure-to-hire lawsuit. That’s true even if they end up using so-called subjective reasons for not hiring a candidate. Simply put, judges are impressed when it looks like a potential employer bends over backward to ensure it doesn’t discriminate.