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November 2008
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"Subjective process" showed signs of bias
Interviews are tricky — a candidate’s success or failure often depends on highly subjective criteria. But here’s an example of how too much subjectivity can wind up hitting a company with a bias lawsuit:
An African-American man applied for a job. Based on his experience, he was brought in to interview. He was turned down in favor of a white applicant. He sued for race discrimination — and won.
Why? Most of the evidence against the company came in the way interviewees were evaluated. All candidates were asked the same questions, but the way the answers were scored was highly subjective.
Each answer was
The judge ruled that the subjective grading system was a cover for the hiring manager’s bias.
The company made the right choice by keeping the interview questions similar for all applicants — but didn’t carry the consistency through to the scoring.
Cite: Dunlap v. Tennessee Valley Authority
Contributed by www.HRLegalNews.com
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