HRLegalNews.com » Applicant sues after manager told her why she wasn’t hired

Applicant sues after manager told her why she wasn’t hired

January 19, 2009 by Sam Narisi
Posted in: In this week's e-newsletter, Interview Questions, Latest News & Views, Recent Decisions

Here’s an example of a company that got in big legal trouble after a hiring manager gave an applicant an inconsistent explanation of why she didn’t get the job.

A 53-year-old woman applied for a job at a Starbucks store. During her interview, the hiring manager mentioned a concern with the availability listed on her application. The applicant then explained she would be flexible and could be available more frequently than the hours she listed.

Still, the woman wasn’t hired, because of the availability listed on the application, as well as “disrespectful body language” during the interview and her conduct afterward.

The applicant called the manager and visited the store to ask why she wasn’t hired. Each time, the manager gave the same answer — the availability listed on her application — without mentioning the other factors. She sued, claiming her age was the real reason.

Starbucks tried to get the case thrown out, but the judge wouldn’t buy it. Why not?

The main factor was the inconsistency in the manager’s explanations. She said one thing in court, and another to the applicant — which, according to the woman, shouldn’t have been a valid reason after she explained her flexibility in the interview.

Also, the court examined the store’s recent hiring records. Of the 19 employees hired by the manager, none were older than 30.

That gave the judge enough suspicion to send the case to a jury trial.

Cite: Boyajian v. Starbucks

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2 Responses to “Applicant sues after manager told her why she wasn’t hired”

  1. Chris Mann Says:

    Starbucks needs some maturity behind the counter…every time I’m in one, the ‘kids’ are all goofing off…makes me wonder what’s going in my coffee!

  2. Liz Says:

    I applied for a job at Starbucks. It was a group interview with twenty people. They were all about 19 or so. I was the only one no longer in college and above the age of 25. I didn’t get the job. hmmm…. Makes me think now!

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