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> The number one reason companies cite for not sending feedback is legal risk. Interestingly, I don’t think this is true. Companies put themselves at legal risk
by microcolonel 8y ago
> The number one reason companies cite for not sending feedback is legal risk. Interestingly, I don’t think this is true. Companies put themselves at legal risk if they are rejecting candidates for illegitimate reasons, like race, gender, or a disability. If they send feedback which tells candidates, truthfully, that they were rejected because they didn’t get very far on the coding project, then if anything a company reduces their legal risk: they have a transparent track record of evaluating candidates based only on their skills. I recently talked with an employment lawyer about this, and he didn’t think that specific feedback on technical performance put companies at risk. So legal risk, despite being frequently cited, seems unlikely to be the real driver of policies here.
I think the problem here is that it exposes you legally even if you're not discriminating. If your explanation can in any way be argued as euphemism, or analogous to discrimination against a protected class, then you could face trouble. Maybe the risk is overblown, but the form of exposure you're talking about may not be the main one, far as I reckon.