Hiring More Experienced Applicant Is Legitimate, Non-Discriminatory, Court Rules

Legal Eagle Eye Newsletter for the Nursing Profession

October 1995  

  Quick Summary: A hospital’s motivation in hiring a male over a female applicant was an honest belief, at the time of hiring, that his job experience was superior to hers, and that this made him a better candidate for the job at the time he was hired, the U.S. District Court for the Southern District of Indiana ruled.   The issue was not whether the employer had made a correct assessment of the two competing applicants at the time of hiring, according to the court, but whether the employer had a genuinely held belief that it was reasonable to hire the individual with more job experience. Harrison vs. Hospital, 883 F. Supp. 328 (S.D. Ind., 1995).