SPHR · Question #248
An HR director decided not to interview a qualified applicant because of personal knowledge that the applicant's family has a history of cancer. If the qualified applicant files a lawsuit against the
The correct answer is A. Alternate legal reasons for eliminating the candidate from consideration. If discriminatory intent is claimed, the organization must show legitimate, non-discriminatory reasons for not selecting the candidate. Option A aligns with affirmative defense strategies in employment law and is consistent with the Equal Employment Opportunity Commission (EEOC)
Question
An HR director decided not to interview a qualified applicant because of personal knowledge that the applicant's family has a history of cancer. If the qualified applicant files a lawsuit against the organization, the best defense is to provide:
Options
- AAlternate legal reasons for eliminating the candidate from consideration
- BDocumentation of excessive healthcare costs exceeding industry benchmarks
- CEvidence that the work duties could pose an increased cancer risk to the employee
- DA waiver authorizing disclosure and consideration of family history information for the candidate to
How the community answered
(19 responses)- A68% (13)
- B5% (1)
- C11% (2)
- D16% (3)
Explanation
If discriminatory intent is claimed, the organization must show legitimate, non-discriminatory reasons for not selecting the candidate. Option A aligns with affirmative defense strategies in employment law and is consistent with the Equal Employment Opportunity Commission (EEOC) Extract from HRCI-aligned HR knowledge: In the Employee Relations and Engagement domain, HR must "minimize legal risk by ensuring hiring decisions are based solely on job-related criteria." Presenting objective, documented business reasons is the only appropriate defense.
Topics
Community Discussion
No community discussion yet for this question.