Before you post a job opening and begin the search process, be sure the job description is accurate and reflects the experience and qualifications you’re looking for in the ideal candidate.
Above all, don’t change the description midstream after you’ve begun reviewing candidates.
Recent case: Lorraine Horner was a full-time hospital administrator for years until she switched to a part-time job with Allegheny General Hospital. Later, she decided to return to full-time work. She noticed her old job was open and expressed interest.
During the hiring process, the hospital reworked the job description to require a degree in pharmacy. Horner didn’t have that degree, but a younger male candidate did.
She sued, alleging age discrimination. The court granted a jury trial because of the shifting job requirements. (Horner v. Allegheny General, No. 07-1634, WD PA, 2010)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Be prepared to show business necessity if hiring rule excludes members of protected class
- Warn bosses: E-mail is smoking-gun evidence
- Beware using medical costs as employment factor
- New economic stimulus law will find HR working closely with accounting