Can a person who has a personal relationship be part of a hiring panel with one of the potential candidates applying for the position?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a person who has a personal relationship be part of a hiring panel with one of the potential candidates applying for the position?
Asked on December 6, 2015 under Employment Labor Law, Maryland
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Yes they can. This is true even if this results in your not being treated fairly. The fact is that preferential treatment is only illegal if it is due to someone's being a member of a "protected class". In other words, was that person unfavorably treated because of their race, religion, age (over 40), gender, sexual orientation, nationality or disability? If not, then they have no legal claim.
The fact is that most employers can set the terms and conditions of employment much as they see fit or deem necessary. So unless actionable discrimination is a factor in your treatment or your employer's action breaches the terms of a union agreement or comapny policy, it is perfectly legal.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Under the law, yes: the law does not in any way restrict hiring (or any employment decisions) based on any personal, romantic, or famil relationships. It may be against a company's internal policies, but that the law does not enforce those policies--it's up to the company to do so.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.