Does an employer have to offer the same interview process to each person interviewed?

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Does an employer have to offer the same interview process to each person interviewed?

I was asked to voluntarily fill a position for free while a search was performed for a permanent replacement. I asked if I would be considered for the position and they informed me that I was guaranteed an interview, so I agreed to help out. Upon hearing rumors that they had someone else in mind to fill the role, I asked the head of the program if that were true, he denied that they had someone in mind and that they just had to complete the interview process with candidates. After being told that I should know by next week, 3 weeks in a row, I found that they had only interviewed me at this point and had to keep rescheduling the other interview because they had to get the salary up to where the other candidate would agree to take the position. I then found out that the other candidate was treated to a luncheon with those that would be working under them, including one that had actually quit upon my filling in for the position. This candidate also met with the HR department which was also not offered during my interview. My interview lasted an hour and the other candidates process lasted several hours. Do I have a case?

Asked on October 6, 2017 under Employment Labor Law, Illinois

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Unless this action in some way violated the terms of an eployment contract or union agreement, it was legal. The fact is that most work is "at will". Therefore, your company can set the conditions of the workplace much as it sees fit (absent some form of legally actionable discrimination which is not apparnebt in the details given). This includes how to set up an interview process.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Unless this action in some way violated the terms of an eployment contract or union agreement, it was legal. The fact is that most work is "at will". Therefore, your company can set the conditions of the workplace much as it sees fit (absent some form of legally actionable discrimination which is not apparnebt in the details given). This includes how to set up an interview process.


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