Stemming employment litigation in a few steps

Discrimination in hiring cases can be avoided through online application processes and blind screening

Litigation is expensive, no matter how large the business involved, and litigation that derives from hiring lawsuits is no exception. While companies mostly desire to avoid the courtroom so as to conserve costs and focus more on products and services, in the case of hiring discrimination, they often cannot avoid it. And discrimination cases are often more in the public eye than other legal agendas. A recent business management blog described the ways in which hiring lawsuits and litigation costs can be mitigated by instituting blind screening and online applications at the beginning of the hiring process.

If companies treat online applications as the primary method through which they accrue applicants and filter their resumes, then only those who obtain interviews can have a basis for discrimination. The provisos of the Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act in the U.S. prevent protected characteristics from being asked of employees including race, age, sexual orientation, marital status, and other items. "Blind" hiring or screening via an online application process eliminates one step of possible interaction with potential candidates that would be fodder for a discrimination suit since applicants interact only with the company's application interface until sought for an interview.

Contributing Author

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Juliana Kenny

Juliana Kenny is a contributor to, covering a range of topics including patent litigation, conflict mineral laws, executive compensation, and antitrust regulation. Juliana earned B.A.s...

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