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Throwing out "ceritifed" applications to help friend get the job. Louisiana Louisiana

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  • Throwing out "ceritifed" applications to help friend get the job. Louisiana Louisiana

    Can an employer throw-out and re-advertise for a Job Opening that was Advertised and Posted for 14 days, "Closed" on the posted date, and had 3 or 4 on-time "Accepted & Cerifiied" applications that met the "Job Requirements" just to help a friend, who DID NOT meet the requirements and did not apply at all, to get the job ?

    The Educational Requirement for this PROFESSIONAL postion was then LOWERED to help this "one" idividual to be to meet the job qualifications, and then the postition was reopened and re-posted specifically for this individual to apply.

    Sorry if this offends anyone, but this was done just to help someone's cousin get the job with a HS education and no experience, when the position's original job desription required at least a BA/BS in MANAGEMENT and management experience!!!!!

  • #2
    This is not inherently illegal unless the qualifications are required by state, Federal or local law. If a public employer, it *may* violate any charter or local requirements that may be in place.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      Public Entity

      Yes, it is a PUBLIC ENTITY....... a COUNTY/LOCAL GOVT/PUBIC-FUNDED HIGHER EDUCATION type of entity, that I would think, would be bound and required to follow State/Federal Hiring Standards for Public Offiicals and Professional Administrative Employees.

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      • #4
        I would think so, too. I would recommend contacting the Civil Service Commission or the city/county attorney's office.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

        Comment


        • #5
          Public Entities and Supreme Court Question

          How would I find out if it this violates any laws or hiring policies? They seem to think it was ok to help this one guy after he couldn't qualify for the original job posting.

          By the Way, is the Supreme Court's decision on Ricci (New Haven Fireighters) only about race, or does it apply to throwing-out "TESTS and APPLICATIONS" of qualified applicants?

          Comment


          • #6
            You contact the entity's attorney's office. Or the Civil Service Commission. Didn't I already say that?

            Ricci had to do with illegal discrimination under Title VII.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

            Comment


            • #7
              That's the problem, not sure of who to talk to

              We're talking of small kind of place with 15-25 employee. So there is no Civil Service Board or real HR person that I can tell. You apply and if you get the job after a small-group interview, you've got the job.

              The "local advisory" attorney has already told one local citizen that it was ok, and he (the attorney) did not have a problem with it at all "since it helped Fred" to be able get the job.

              Comment


              • #8
                Then I don't know what else we can tell you. If the locality's legal advisor/attorney didn't think it was illegal, maybe it isn't. Small towns like this are very insulated; just the way it is.
                Last edited by Pattymd; 07-01-2009, 08:25 AM.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                • #9
                  I'm not saying that I think this is appropriate but if the municipality wants to choose someone with lesser qualifications over someone with more qualifications, thats not inherently illegal unless the reason you bypassed the more qualified reason is due to race, age, gender etc.

                  Job descriptions and qualifications are not written in stone and can be changed.


                  Many counties and cities do not have unions and are not under the Civil Service. I am unfamiliar with "State/Federal Hiring Standards for Public Officals and Professional Administrative Employees."
                  Local government is subject to federal laws and state laws but I have never heard of this standard you mention.

                  Public Officials and Constitutional Offiers while under some federal/state laws, are also mostly elected or appointed which is very different from hiring.
                  I find that the harder I work, the more luck I seem to have.
                  Thomas Jefferson

                  Comment


                  • #10
                    Not sure

                    The local attorney probably NOT following any law or HR codes, just "opinion" since Fred is pal. Not even sure that he is "advisory" attorney to entity, or just a friendly "here's my opinion" kind of guy.

                    The local guy that told me about job opening just stated that he had talked with him (attorney) about letting "unqualified Fred" getting the rules and job requirements changed just for Fred, and that he was mad about it.

                    Comment


                    • #11
                      Unfortunately, not everything unfair is illegal.
                      I find that the harder I work, the more luck I seem to have.
                      Thomas Jefferson

                      Comment


                      • #12
                        I thought Govt Jobs had "higher standards" of Ethics in Hiring

                        Morgana,
                        Yes, to changing Job Description.....for the next time around.

                        But this position had already been Posted, Advertised, Open for 14 day, Closed on time, and had 3 or 4 'CERTIFIED' applications for the POSTED position. And "Cousin Joe" could have applied at anytime in the 14 days, but didn't.

                        A Government Entity changing the hiring criteria after-the-fact to let "Cousin Joe" get the job is WRONG. I BELIEVE ILLEGEAL.

                        Especially if they throw out the "already-certified" applications for the position just to let "Cousin Joe" meet the lower qualifications.

                        Comment


                        • #13
                          Thanks

                          Thanks for discussion!!!

                          Comment


                          • #14
                            The city attorney guy apparently doesn't think so. I'm not sure who else you could check with. As you know, these little towns in the south are very "don't tell me what to do"-oriented.
                            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                            Comment


                            • #15
                              Hey Patty..I work for one of those "little towns in the South..." (G)

                              I agree its kind of questionable, but I really dont see that any laws were broken. Nothing requires you to hire people just because they are qualified on paper. Nothing prohibits readvertising the position or changing the job description or hiring a friend. If it was done to pass over qualified people because of Title VII characteristics, yes, then its illegal. But to pass over qualified people to hire a less qualified buddy...not inherently illegal IMHO.
                              I find that the harder I work, the more luck I seem to have.
                              Thomas Jefferson

                              Comment

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