Employers can be sued in connection with decisions not to hire a
prospective employee or not to promote an existing employee based on
conduct that occurs in a job interview. The good news for employers is
that most of the reported cases involving actions arising out of a job
interview have eventually been resolved in favor of the employer. However,
such cases undoubtedly cost employers substantial legal fees. Also, many
cases are settled prior to trial at a significant cost to employers.
Clearly, it is a better idea to avoid situations that can give rise to
claims instead of defending such claims in court.
