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by sjg007 3007 days ago
This fear is overblown in my opinion. If people really want to sue then they will sue based on the fact that companies hire H1Bs into the position that they applied for. Then the company would have to prove not that the H1B was the better candidate but that the American was not qualified. Who decides on that qualification? Well a judge/jury based on the job description. If your resume matches those qualifications and it's truthful then you may have a case. I think that is a bigger risk than giving feedback. Giving objective feedback may actually help you since you communicated the specific lack of qualifications. However, I do think that you can implicitly derive the feedback based on the interview questions anyway.
3 comments

I worked for a company who was sued because a candidate told us he was the second coming of Christ. We didn't really address it, and ended up not hiring him. He used The fact that he mentioned it as grounds for religious discrimination.

He didn't win, but we still had lawyer costs and what not. It is not an overblown fear at all.

If he sued with representation this illustrates another point. His lawyer took on a stupid frivolous case, probably because he also needed the money.

I think the real problem is that people today are on an economic treadmill. That need to survive economically is what make people willing to put up with all the other things.

This is exactly it. The thirst for the dollar makes us more willing to swallow bullshit with a (feigned) smile. But what can we do about it? That's the worst part. To dismantle the machine requires the coordination of a significant number of cogs.
Or you simply avoid consumerism, do your best to improve your situation, and try to hit the $50k/year point where its practical (in much of the US) to retire early if you are willing to live on a living wage rather than an inflated middle class lifestyle.

Something like 27% of the country could retire by 45 if they were willing to make the sacrifices necessary.

First, stop the thirst within. I am going to try an experiment and live in nature on land that I buy. Why do we need so much junk?
You don't have to be so extreme as to live off the land. If people would just love below their means and save, they wouldn't be in an absolute crisis the moment they lose their job.
How many of us are really in a position we can do that?
I would not be surprised if he represented himself.
People also act like everyone has access to good lawyers or ones that would take on a case like this. The aforementioned 'lying in business' part comes in to play here where instead of 'we don't hire [race x]' it's 'The candidate did not meet the qualifications' or some other bullshit excuse.

It would take some hard evidence for me, the unemployed or in the less powerful position, to really make a go of proving I wasn't hired because of some discrimination.

The fear of blackballing on the employee side for many things and the fear of lawsuits (which, when you sign on at employer, typically includes some language about arbitration these days) on the employer side are overblown, I agree, and makes everyone cut throat.

I want to make enough to pay for rent, food, and have some time off to chill. Your company wants to stay and business and make money. Let's make a deal that benefits us both.

And because lawsuits are expensive, and often lawyers won't take a case unless it will bring them publicity or a big cash payout.