Can a school district hire externally or internally without posting the job vacancy or conducting interviews?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can a school district hire externally or internally without posting the job vacancy or conducting interviews?

Asked on May 4, 2011 under Employment Labor Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

This is an employment contract and school district rules issue, not a legal issue--at law, an employer is free to hire in any way they want--internally; externally; through referrals; conducting interviews or not; publically posting the job or not; etc.

However, if the position is one subject to a collective bargaining or union agreement, then if that agreement requires any particular way of or process for hiring, the terms of that agreement must be honored.

Also, if the school generally or those positions in particular are subject to any rules--civil services rules; some court order pertaining to hiring practices; etc.--then those rules must be obeyed. That will be individual to each district, if it applies.

Finally, IF the district's hiring practice is actually a cover or pretext for illegal discrimination--e.g. a way to not consider minority candidates--then it might be illegal.

Otherwise though, the law does not specify how to hire.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption