05/02/2011
If your pool of qualified applicants is demographically significantly different than your hires, there may be trouble afoot. Don’t count on pre-employment job tests to automatically create fair hiring. If a quick internal audit shows that particular departments or managers have considered but not hired members of a protected class, you may want to look at whether the testing is being handled properly.
05/02/2011
If applicants believe an employer discriminates, they may be reluctant to even apply for a job, thinking it’s inevitable they will be passed over. That doesn’t mean they’ll hesitate to go ahead and sue anyway. However, smart employers that let everyone know what jobs are open and how to apply will probably win those cases.