Live data from Hacker News

No engineer has ever sued because of constructive post-interview feedback

blog.interviewing.io

41–50 of 646 posts

Re: No engineer has ever sued because of constructive post-interview feedback

#41
The key word in the title seems to be "engineer". I can't find a specific lawsuit relating to an engineer but there are plenty of lawsuits to be found.

For example, https://www.eeoc.gov/eeoc/newsroom/release/10-26-17.cfm

When you do a google search for lawsuits related to hiring discrimination, you are far far more likely to find the cases that became publicized because they have merit. Journalists and other organizations don't tend to write headlines along the lines of "Google got sued by candidate for baseless claim of discrimination, but suit was quickly tossed out". It doesn't mean these lawsuits don't happen.

In fact, it's a huge PITA to defend youself when someone accuses you of discrimination. Imagine an engineer who isn't very bright, but doesn't think that of themselves. So you tell them that they didn't do well, but they disagree. And then they sue on grounds of discrimination. Now, you have to prove that you don't discriminate, which can be pretty hard to do.

Re: No engineer has ever sued because of constructive post-interview feedback

#42
post #29

Because giving good feedback is hard work, and candidates won't always take it well (even if they don't sue). If the employer has already decided not to hire you, there's just not that much in it for them. For what it's worth, as an interviewer I'm happy to give feedback in person, at the end of the interview, if the candidate asks for it. It's much easier to do when you're both in the same room, and asking e.g. "is…

If it's hard work, then that's a symptom of the reasoning behind a no-hire not being sound to begin with.

And there is plenty in it for them, as the candidate may want to apply a second time at a later point, having been made aware of and improved on the areas that were identified as needing improvement. They'll be more likely to re-apply to a company that gave the feedback than to a company that didn't.

Re: No engineer has ever sued because of constructive post-interview feedback

#43
post #3

How would you know that no one has ever sued? It if happened (and I'd bet it did many times), it wouldn't be public knowledge.

> While researching this piece, I spoke to a few labor lawyers and ran some Lexis Nexis searches to see just how often a company’s constructive feedback (i.e. not “durrrr we didn’t hire you because you’re a woman”) to a rejected eng candidate has resulted in litigation. > Hey, guess what? IT’S ZERO! THIS HAS NEVER HAPPENED. EVER. > As some of my lawyer contacts pointed out, a lot of cases get settled out of court, an…

[deleted]

Re: No engineer has ever sued because of constructive post-interview feedback

#45
Because it's pointless.

A company didn't think you are a good fit. That's it.

The criteria they used to evaluate that is totally different than the criteria other companies will use.

What is the point of providing feedback for a data point that does not correlate with other interviews?

Re: No engineer has ever sued because of constructive post-interview feedback

#47
post #9

There's nothing in the company's interest to give feedback. It takes working time to compile this feedback and give it to the candidate. The candidate isn't going to interview at the company again until probably a year or more - if ever. And the company has a reputation risk if the candidate decides to revel this feedback and allege bias or ineffective interviewing.

The upside as others have mentioned is that good feedback means you may get to hire that person later (maybe not even at the same company, people remember you if you give good feedback, because it is so uncommon)

I’ve seen this and done this as a hiring manager at multiple companies.

If you are honest, clear, and direct, and your interview (key point) does a good job quantifying the candidate’s performance, and their expectations are well set before the interview, there’s little risk of a reputation hit.

I’ve had folks push back or disagree, but it’s pretty rare and I’ve never been worried about someone dragging the company into a spat.

Re: No engineer has ever sued because of constructive post-interview feedback

#49
post #45

Because it's pointless. A company didn't think you are a good fit. That's it. The criteria they used to evaluate that is totally different than the criteria other companies will use. What is the point of providing feedback for a data point that does not correlate with other interviews?

That's not necessarily true. If the reason that the person is turned down is that they are massively over-reaching their experience then there is a good chance that they will experience the same rejection elsewhere.

If they want to take that on board, it's up to them and it might well be helpful moving forwards.

I will personally give people feedback if its tangible and reasonably objective but if someone just feels wrong, I think it is easier to say they were not a good fit and leave it at that.

Re: No engineer has ever sued because of constructive post-interview feedback

#50
post #6

One time we gave feedback on request and the candidate contested the feedback, then went out on a social media rampage. So yeah, we stopped after that. It only takes one bad candidate to make it not worth the effort.

+1 on this. The company has nothing to gain in delivering more feedback other than a thumbs up/down, and a lot more to lose.

What are they losing in this case? I don't see how a company is actually harmed by someone complaining about an interview. Unless you're trying to attract people who subscribe to cancel culture, I don't see a problem.
Post reply on HN