EQual applicants are qualified for the job, how do you resolve this legally.?

Question

How do you resolve this legally, give me the burden of proof. What law covers this or how do you resolve this legally

How do you resolve this legally if they both score the same on the interview and on the test for the job, give me the burden of proof. What law covers how you resolve this or how do you resolve this legally

Answer 1

There is nothing to resolve "legally." There is also no legal requirement that an employer select the BEST applicant for a position. The ONLY requirement is that the employer does not make a discriminatory decision regarding whom to hire. All the rest is employer discretion.

Answer 2

There's no law. The employer has the right to choose whichever applicant he likes better, so long as he doesn't base his decision on an illegal factor, such as race or gender.

The same even applies if the two applicants have different scores - there's no law to prevent the employer hiring the person who scored lower, just because he thinks he'd make a better employee.

Hiring tests, etc, are just tools to help an employer make a decision - they're not binding on him. (Except, in some cases, in government jobs where an agreement between the government and a Union makes them so)

Richard

Answer 3

An employer is able to select any qualified applicant unless there is in place a higher standard (from union rules or company hiring standards) such as the most qualified applicant.

I would solve this by increasing adding an additional interview for each candidate done by the candidates prospective co-workers, down level reports or higher level supervisors looking for soft skills.