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0 pointsthaumasiotes7y ago0 comments

This is called out early in the post:

> 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.

Then, an explanation that legal risk isn't the same thing as lawsuit risk:

> Even if your process isn’t biased, if you send feedback that creates the perception you’re biased, that’s enough for a costly lawsuit. So while legal risk isn’t a reason not to send detailed, honest technical feedback (as long as you’re not discriminating), it’s a very good reason not to send carelessly compiled feedback through a haphazard process (even if you’re not discriminating).

0 comments

icelancer7y ago

Right, the liability is not "we are going to send a letter that says you're too old/you're a woman" or something blatant like that, the liability is that a very well-meaning person sends a thoughtful rejection letter and it can be inferred in the language - true or not, and this is the kicker - that there is discrimination going on.

You are doing a nice thing by being detailed, but you are basically introducing nearly unbounded downside for the upside of being nice. Most companies don't find much value in this calculus. It doesn't make it the right thing to do, but it is understandable.

Apocryphon7y ago

I doubt that liability is much more of an excuse- how often do disgruntled candidates actually sue corporations, in any context? If a company doesn't want a candidate, there's not much value lost by them burning bridges with them, by refusing to send them feedback, or even a rejection notice. This is especially true for big companies who receive a lot of candidates. And for smaller startups, they simply lack the time and energy to give detailed responses to people they pass on. A failed candidate is of marginal use to a company.

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