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Employers Need Not Hire “Most Qualified” Candidate, Says Court

An applicant for a job posting in education lists his most recent relevant experience as occurring in 1973.  You don’t bring him in for an interview. Is it gender discrimination? Beyond that, if he says that he is the most qualified candidate — do you have to hire him? And if you don’t hire the most qualified person, is that evidence of gender discrimination? No to all three, says one recent federal court decision. The decision by the court was quietly released late last month and might otherwise go unnoticed, but it underscores an important point for employers. In the matter, the Plaintiff argued that the employer discriminated against him because of his gender by denying him the opportunity for a job interview.   The employer chose four female and two male candidates for interviews. The Plaintiff argued that he was more qualified than the female candidates who were interviewed and ultimately hired by the employer. The court said, however, that the...

Asking About Age on Job Applications? New Bill Will Aim to Prohibit It

The EEOC has long advised that asking about date of birth on job applications was a particularly bad idea. The ADEA does not explicitly prohibit an employer from asking an applicant’s age or date of birth. However, such inquiries may deter older workers from applying for employment or may otherwise indicate possible intent to discriminate based on age, contrary to the purposes of the ADEA. If the information is needed for a lawful purpose, it can be obtained after the employee is hired. That’s why most employers don’t ask about that or asking about high school graduation dates too, since both of those questions could be said to make it easier for employers to discriminate against older applicants. Now, legislators claim to have reached consensus to pass a bill in Connecticut explicitly prohibiting it. As first reported by CT Mirror, the legislation would be similar to a bill that was introduced in 2019. Last year’s bill followed “ban the box” requirem...