It’s crucial to keep good records of the hiring process, including tracking applicant experience levels. After all, you never know which applicant will sue, alleging that he was passed over for a discriminatory reason.
Many lawsuits will be quickly dismissed if you have good records, easily accessible, that can explain why you think the candidate you hired was the best candidate.
Recent case: Bernard is Asian and hails from the Philippines. He took a series of state civil service exams, scoring well enough to eventually earn interviews for several clerk positions. He was passed over for candidates with more recent clerical experience.
He sued, alleging failure to hire because of his race or national origins.
But the state showed the court how much more experience other candidates had compared to Bernard. That got his case tossed out. (Idlisan v. NY State, No. 1:12-CV-1787, ND NY, 2014)
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