01/11/2010
Does your organization’s hiring process rely heavily on how applicants handle themselves during job interviews? If so, be aware that courts are often suspicious of such inherently subjective decision-making. If an applicant who belongs to a protected class can demonstrate qualifications that were at least as good or better than those of the chosen candidate from a different class, a court may conclude that interview performance was a smokescreen for discrimination.
01/11/2010
Like every other aspect of the employer-employee relationship, a variety of federal and state laws govern how employers can administer job-related tests. Last year, the U.S. Supreme Court ruled in Ricci v. DeStefano that employers violate Title VII if they do not validate job testing results solely because they fear a lawsuit.