Do you explain up front exactly how your hiring process works? If not, consider providing a written notice that outlines the process, especially if it’s a lengthy one and you collect applications even when you have no current openings.
This may come in handy later if a disgruntled applicant sues, claiming she was blacklisted or suffered discrimination by not being called for an interview or otherwise being considered for a position.
Recent case: When Fiona went to the New York City Human Resource Administration to apply for food stamps, she got into an argument with a staff member.
Coincidentally, she had applied for a job with the same agency after passing a civil-service exam.
When no one called her about a job interview, she sued, alleging she had been blacklisted for some unknown reason, but possibly because of the argument.
The court tossed out Fiona’s claim after noting that candidates had received a document warning that passing the exam didn’t mean they would automatically be interviewed, much less hired.
The handout, in the form of a Q&A page, let candidates know that the process could take several years and that sometimes no one on the test list actually ended up with an interview, let alone a job offer.
The court concluded that not being called for an interview under those circumstances wasn’t an adverse employment action and therefore wasn’t grounds for a lawsuit. (Greenidge v. New York City Human Resource Administration, No. 14-CV-7360, ED NY, 2015)
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