Can a school district hire externally or internally without posting the job vacancy or conducting interviews?
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Can a school district hire externally or internally without posting the job vacancy or conducting interviews?
Asked on May 4, 2011 under Employment Labor Law, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
This is an employment contract and school district rules issue, not a legal issue--at law, an employer is free to hire in any way they want--internally; externally; through referrals; conducting interviews or not; publically posting the job or not; etc.
However, if the position is one subject to a collective bargaining or union agreement, then if that agreement requires any particular way of or process for hiring, the terms of that agreement must be honored.
Also, if the school generally or those positions in particular are subject to any rules--civil services rules; some court order pertaining to hiring practices; etc.--then those rules must be obeyed. That will be individual to each district, if it applies.
Finally, IF the district's hiring practice is actually a cover or pretext for illegal discrimination--e.g. a way to not consider minority candidates--then it might be illegal.
Otherwise though, the law does not specify how to hire.
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