# HR issue: repeatedly rejecting the same candidate

**URL:** <https://boards.straightdope.com/t/hr-issue-repeatedly-rejecting-the-same-candidate/726336>\
**Category:** In My Humble Opinion\
**Created:** [July 27, 2015, 6:19pm UTC](https://boards.straightdope.com/t/hr-issue-repeatedly-rejecting-the-same-candidate/726336 "2015-07-27T18:19:11Z")\
**Posts on this page:** 3\
**Page:** 2

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**Author:** ![Red\_Stilettos](https://avatars.discourse-cdn.com/v4/letter/r/fbc32d/32.png) [@Red\_Stilettos](https://boards.straightdope.com/u/Red_Stilettos)\
**Post date:** [July 28, 2015, 12:39am UTC](https://boards.straightdope.com/t/hr-issue-repeatedly-rejecting-the-same-candidate/726336/21 "2015-07-28T00:39:18Z")

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> [@Slithy\_Tove](#):
>
> You may wish to assume she has already hired an attorney, and your every encounter with her is being recorded on the phone in her pocket.

Perhaps I’m naive, but I find this even less likely than her sabotaging my lab or trying to hurt me. Plus, even if she did record me, I’ve done nothing wrong. All of my hiring choices were fully justified.

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**Author:** ![Slithy\_Tove](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/slithy_tove/32/18248_2.png) [@Slithy\_Tove](https://boards.straightdope.com/u/Slithy_Tove)\
**Post date:** [July 28, 2015, 1:32am UTC](https://boards.straightdope.com/t/hr-issue-repeatedly-rejecting-the-same-candidate/726336/22 "2015-07-28T01:32:49Z")

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You’re probably right, but if you’ve ever been involved in a malicious lawsuit, you know that the opposition will twist everything they can, and pile as much as possible. You and your lawyer are sure you did everything aboveboard and conducted yourselves professionally, but you can be surprised at what a judge will allow.

I’ve been through this several times.

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**Author:** ![Doctor\_Jackson](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/doctor_jackson/32/32_2.png) [@Doctor\_Jackson](https://boards.straightdope.com/u/Doctor_Jackson)\
**Post date:** [July 28, 2015, 7:53pm UTC](https://boards.straightdope.com/t/hr-issue-repeatedly-rejecting-the-same-candidate/726336/23 "2015-07-28T19:53:23Z")

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> [@Carryon](#):
>
> She may be harassing but it’s not legal harassment only pertains to something that is a protected class, such as race or religion or sex.

In the US, harrassment that creates a hostile work environment goes much, much broader than protected classes. From the Dept of Labor [site](http://www.eeoc.gov/laws/types/harassment.cfm):

> [@](#):
>
> Offensive conduct may include, but is not limited to, offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance. Harassment can occur in a variety of circumstances, including, but not limited to, the following:
> 
> \*The harasser can be the victim’s supervisor, a supervisor in another area, an agent of the employer, a co-worker, or a non-employee.  
> \*The victim does not have to be the person harassed, but can be anyone affected by the offensive conduct.  
> \*Unlawful harassment may occur without economic injury to, or discharge of, the victim.

and employer liability is broad as well:

> [@](#):
>
> The employer will be liable for harassment by non-supervisory employees or non-employees over whom it has control (e.g., independent contractors or customers on the premises), if it knew, or should have known about the harassment and failed to take prompt and appropriate corrective action.

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