Can we keep a rejected candidate from reapplying for the same job over and over?
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Can we keep a rejected candidate from reapplying for the same job over and over?
We use iCIM’s as our ATS and sometimes a hiring manager rejects all the candidates who apply to a posting. The hiring manager reposts the position but
does not want to see the same applications. iCIM’s can be configured to block those rejected candidates From reapplying for that same job. HR told us that is
illegal. Is it illegal to block a recently rejected candidate from almost immediately applying again?
Asked on May 31, 2018 under Employment Labor Law, Idaho
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
No, it is not illegal to block a rejected candidate from re-applying. However, if the rejected candidate is a minority, he or she may believe, even if incorrectly, that the block is related to his or her ethnicity or color, not due to his or her previous application, and attempt to bring a discrimination claim. Or if there is an error in the implementation and it blocks the wrong person (e.g. another individual with the same or similar name) from applying and that person is a minority, that again might lead to a claim for employment discrimiantion. The risk of liability is not worth the gain--it is better to simply receive the application, quickly review it, note that who it came from, then reject again if there is (as presumably there is) a basis for it, rather than putting in some "automatic" block which could, under some circumstances, make it appear that you are discriminating by not even considering minority or other protected-category applicants.
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