Recruitment can be a legal minefield, and many employers struggle to balance fairness with compliance. Recently, I worked with two business owners who faced a dilemma: they had candidates with disabilities who couldn’t perform the core duties of the role, yet they felt uncomfortable rejecting them. They were afraid of potential discrimination claims, so they hesitated – wasting both their own time and the candidates’.
This situation took me back to an experience earlier in my career when I was managing HR in a manufacturing plant. We partnered with a Disability Employment Services (DES) provider to fill a role in a high-risk environment. However, the provider wouldn’t disclose the nature of the successful candidate’s disability during recruitment.
On his first day, I could tell something was wrong. The new hire looked frantic. After speaking with him privately, he revealed he was legally blind – and the high-risk nature of the workplace made him feel unsafe. It was clear this role wasn’t the right fit for him or his colleagues.
We had a respectful and honest conversation, and together, we agreed that the job wasn’t suitable. There was no hostility – just mutual understanding. But when the DES provider found out, they attempted to claim discrimination against me.
Here’s the key takeaway: in most legal matters, fairness and reasonableness matter. I had acted fairly, made the right decision, and stood my ground. The claim never went further because my actions were justifiable.
Too often, employers let fear of discrimination drive their decisions, rather than focusing on whether a candidate can perform the innate requirements of the role. Avoiding these hard conversations doesn’t protect you – it just prolongs the inevitable and wastes valuable time.
If you’re unsure how to navigate hiring decisions fairly and effectively, let’s talk. At SkilledSuite, we help businesses recruit with confidence – ensuring you make the right choices for both your business and your candidates.
Reach out today and get recruitment right the first time.
