Make absolutely certain that you retain copies of all interview questions and notes. You may need them to prove how you made hiring decisions.
Recent case: Rocco had filed previous complaints against his employer, the U.S. Department of Housing and Urban Development. He was turned down for two promotions he applied for.
He sued, alleging retaliation for his previous complaints. His lawsuit didn’t get far.
HUD showed that it used a specific format for conducting its promotion interviews, including questions about previous experience that Rocco admitted he could not answer. Plus, the interviewer’s contemporaneous notes indicated that Rocco interviewed poorly. The notes showed that everyone involved in the interviews agreed he was not the best candidate. Rocco was unable to show the interview process was manipulated to punish him for complaining. His lawsuit was dismissed. (Lombardi v. Castro, No. 15-55276, 9th Cir., 2017)