Legal Question in Employment Law in California
hiring less qualified applicants
I applied for a position a couple of
years ago. i spoke to some of the
applicants that seemed to be a lot
less qualified, with regards to
education or experience-even the
senior manager felt i was the most
qualified candidate.
in the last interview, i did great and
was commended. i was never
hired. it could not have been my
qualifications. i was considering a
discrimination suit. if i can prove
they hired less qualified
candidates, could i win?-
I even filed a discrimination
complaint.
1 Answer from Attorneys
Re: hiring less qualified applicants
It is not considered discrimination for a company to hire less-qualified applicants. It's their loss. There could have been other factors -- including personality, agreeability, work history, references, etc. Unless you have evidence that you were discriminated against because you belong to a protected class (age, race, gender, disability, sexual orientation, national origin, etc.), then you probably would have little chance of succeeding on a discrimination claim. In addition, if you were to bring suit under the Fair Employment and Housing Act, you might wind up having to pay the employer's attorney's fees if you were to lose.
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