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Why Do Employers Rarely Offer Explanations to Rejected Candidates?

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Re: Why Do Employers Rarely Offer Explanations to Rejected Candidates?

#102
post #64

Earlier quoted context omitted.

I don't think that's true for all companies. The big, multi-national company I work for keeps all candidate assessment form that have been filled out by the interviewer (even for summer interns). Of course we're trained beforehand to not put stuff in the form that could be construed as discriminatory based on protected classes. You have to keep in mind that if a candidate is rejected and comes back and says it was il…

Are there laws that would allow me to get the interviewers notes?

EU data protection does, but only if the notes are computerized.

Re: Why Do Employers Rarely Offer Explanations to Rejected Candidates?

#103
post #95

Earlier quoted context omitted.

Are you in the UK? What are the DPA implications of this? Is it not PI?

I'm not sure if it's intentional or not, but the only one of your acronyms I'm familiar with is UK. But perhaps that because my answer to your first question would be 'no'.

DPA is the Data Protection Act, a law that governs how PI (Personal Information) can be stored, used and shared.

Re: Why Do Employers Rarely Offer Explanations to Rejected Candidates?

#104
post #102

Earlier quoted context omitted.

Are there laws that would allow me to get the interviewers notes?

EU data protection does, but only if the notes are computerized.

Why would that be so? It's not the candidate's personal information...

Re: Why Do Employers Rarely Offer Explanations to Rejected Candidates?

#105
post #103

Earlier quoted context omitted.

I'm not sure if it's intentional or not, but the only one of your acronyms I'm familiar with is UK. But perhaps that because my answer to your first question would be 'no'.

DPA is the Data Protection Act, a law that governs how PI (Personal Information) can be stored, used and shared.

Why would code written or the interviewer's personal opinion of the candidate be the candidate's personal information?

Re: Why Do Employers Rarely Offer Explanations to Rejected Candidates?

#106
post #60
post #52

Earlier quoted context omitted.

In case of discrimination alegations (race, disability and veteran-related matters in the US), the burden is on the accused to provide proof of non-discrimination. In this case, the usual practice for proving innocence is to show that the statistical distribution of hires is similar to the statistical distribution of applicants. For example, if I had 50% latino applicants, 50% of my hires should be latinos. That bein…

I dislike employment anti-discrimination laws for this and other reasons. I suggest a compromise of limiting it to manual labor jobs and the like for which the anti-discrimination laws were actually designed for.

[deleted]

Re: Why Do Employers Rarely Offer Explanations to Rejected Candidates?

#107
post #105
post #103

Earlier quoted context omitted.

DPA is the Data Protection Act, a law that governs how PI (Personal Information) can be stored, used and shared.

Why would code written or the interviewer's personal opinion of the candidate be the candidate's personal information?

The legal definition of personal information for DPA purposes (https://ico.org.uk/for-organisations/guide-to-data-protectio...) specifically includes "any expression of opinion about the individual and any indication of the intentions of the data controller or any other person in respect of the individual".

Re: Why Do Employers Rarely Offer Explanations to Rejected Candidates?

#108
post #105
post #103

Earlier quoted context omitted.

DPA is the Data Protection Act, a law that governs how PI (Personal Information) can be stored, used and shared.

Why would code written or the interviewer's personal opinion of the candidate be the candidate's personal information?

It's information about an identifiable living individual. (In this context, Personal information is information about a person, not information owned by a person.)

Re: Why Do Employers Rarely Offer Explanations to Rejected Candidates?

#109
post #64
post #4

Not only does fear of lawsuits prevent companies from disclosing no-hire reasons, it prevents them from even recording those reasons internally. If you get rejected and don't know why, take heart: a year from now the company also won't know why. You can apply again as if it were Groundhog Day.

I don't think that's true for all companies. The big, multi-national company I work for keeps all candidate assessment form that have been filled out by the interviewer (even for summer interns). Of course we're trained beforehand to not put stuff in the form that could be construed as discriminatory based on protected classes. You have to keep in mind that if a candidate is rejected and comes back and says it was il…

" Get rid of the forms and it's basically your word against theirs in court."

Isn't that the ideal situation to be in, if you're the defendant? The burden of proof rests on the employee to prove discrimination. From the company's point of view, surely, the fewer forms, the less proof.

Re: Why Do Employers Rarely Offer Explanations to Rejected Candidates?

#110
post #95

Earlier quoted context omitted.

Are you in the UK? What are the DPA implications of this? Is it not PI?

I'm not sure if it's intentional or not, but the only one of your acronyms I'm familiar with is UK. But perhaps that because my answer to your first question would be 'no'.

Apologies, these are terms anyone in the industry in the UK would be familiar with :-)
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