Same person sends hundreds of applications? Don’t fall into discrimination lawsuit trap — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
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Same person sends hundreds of applications? Don’t fall into discrimination lawsuit trap

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in Discrimination and Harassment,Human Resources

Sometimes an eager candidate will apply for several jobs with the same employer. If you are sure he or she isn’t qualified, you don’t have to agree to an interview for each open position.

Be aware that if you do interview him for one of the positions and choose someone else outside his protected class, he may sue and argue he was much better qualified than whoever you did choose.

Best advice: Consult your attorney if you find yourself facing a serial applicant, who may be looking for an excuse to sue.

Recent case: Dieter, who is white and 76 with multiple college degrees and deep business experience, began to apply for open positions with the state of Texas. He got several interviews, but wasn’t hired. Then he began to flood the state with even more applications—more than 300 of them over a year and a half.

The agencies ignored most of them, but did interview him for a position as a volunteer coordinator for the state’s foster grandparent program. He wasn’t hired. Instead a black applicant who was a Peace Corp volunteer got the job.

Dieter sued, alleging he was clearly more qualified, based on the minimum qualifications listed for the position and those of the Peace Corp applicant.

The court said his claim was plausible enough to proceed and refused to dismiss the lawsuit. (Finch v. Texas Health and Human Services, et al., No. H-13-3716, SD TX, 2015)

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