Can a rep from Human Resource sit in on another candidates interview if that H/R rep applied for the same job?

UPDATED: Jul 10, 2012

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Can a rep from Human Resource sit in on another candidates interview if that H/R rep applied for the same job?

My husband interview for a promotion and just found out that the H/R rep who sat in on his first interview also posted for the job. He found out today he nor the H/R rep got the promotion but I was wondering if any type of law was broke since she did sit in on the first interview. It seems like a conflict of interest in my opinion.

Asked on July 10, 2012 under Employment Labor Law, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In the private business sector there is no law in any state in this country prohibiting the human resourcses representative of a company interviewing job applicants from sitting in and conducting an interview of an applicant even though the particular human resources representative also applied for the same position where the interviews are being conducted for.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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