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testing discrimination????? Tennessee

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  • testing discrimination????? Tennessee

    Here's the situation. My Co requires a test (personality, basic ability, etc) in order to be hired. We recently had a gentleman take the test and fail- he wanted to retest (even offered to pay to retest) and they told him no. He was not hired due to the failing grade. Now, the bosses daughter's boyfriend took the test and failed. He then re-took the test and failed again, yet they are still hiring him. I am afraid that they are setting themselves up for lawsuits by doing this. Thoughts?

  • #2
    I'm assuming your company is not part of a State/Federally controlled entity, otherwise, there may be an issue.

    It's not against the law to hire relatives/friends over others for your own company. It may not be fair and nobody except the person getting the perks likes it, but it isn't illegal either. All he has to say is "I hired my future son-in-law for the benefit of my daughter" and they'd realize that it wasn't discrimination. Stupid? Yes. A discrimination problem? No.

    The real question is: Was there ever another person whom the boss didn't know that was able to retest? And if so, were their situations the same? Obviously, if a person just doesn't get along well with the boss and he doesn't want to hire him, he doesn't have to just because he passed a test either.


    • #3
      no- we are not associated with any gov't. My question is because 1 guy took the test and was all ready to start- hired, etc until the test came back failed. They told him specifically that was the reason he couldn't come to work. wouldn't allow him to take the test, etc. I have no problem with her bf coming to work there- nice guy. My concern is that the other guy knows that bf did not pass the test (2x) and is still being hired. I was just concerned about the legalities since it is supposed to be a requirement (passing test for employment)


      • #4
        The requirement is in your employee handbook or company policy?

        As the undead Captain Barbossa in Pirates of the Carribean says: "the code is more what you'd call guidelines than actual rules"


        • #5
          i don't think it's written anywhere- but it is part of the hiring procedure for everyone and no one gets hired who doesn't pass


          • #6
            It isn't illegal to exempt a candidate from parts or even all of the usual hiring procedures provided it isn't being done on the basis of legally protected charateristics. Dating the boss's daughter is not a legally protected characteristic.

            Now if only women who failed were rejected but men who failed were hired, that would be problematic. Making an exception for the boyfriend is not.
            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


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