Here is another great case study, from AHI’s website:
The story begins with Mac Brewer, an ex-convict who had spent four years in prison, called a local large transportation company in his area seeking employment as a truck driver. He spoke at length with the company’s recruiter, Dirk Stebbens, and informed Dirk that he had been in prison for four years for a theft-related crime. However, he also noted that he had had a spotless record for the last three years.
Dirk, the recruiter, told him that this his conviction was not a problem and that he was sending an him application form to complete. Based on Dirk’ response, Brewer assumed he had been hired.
Mac Brewer was careful to remember Dirk’s directions, including attaching his driving school diploma with the application form containing a list of his most recent employers.
When he received the application, Mac Brewer read the statement: ANSWER ALL QUESTIONS. THIS APPLICATION WILL NOT BE CONSIDERED UNLESS COMPLETE. The application asked for information for all full- and part-time employment for the preceding 10 years. Based on what he heard from the recruiter, Brewer listed all of the jobs he held after completing his prison sentence, and he noted his conviction as well as all other pertinent information, as well as the fact that he is African American.
Ultimately, he discovered that the company did not hire him. He then sued the company for race discrimination.
What argument did Mac Brewer make for this lawsuit? What was the company’s response? Who do you think is right?
Mac Brewer argued that he followed the instructions, as he understood them from the phone conversation. He therefore listed only the employers he had worked for after being released from prison. The company defended its decision by pointing to his incomplete application, based on all jobs held in the previous 10 years. Stebbens denied telling Brewer that he did not need to give the 10 years of employment history as requested on the form.
Ultimately, an appeals court listened to both sides and refused to dismiss the case.
There are several important lessons from this case, based on the AHI write-up of the case:
1. Direct all applicants to follow the instructions on the application form; do not tell them otherwise.
2. Refrain from giving any advice on how to fill out the application, since the form speaks for itself.
3. [Most importantly, I think, and it may sound obvious (but I don't think it is)]: Keep application forms and other hiring documents organized. If company policy is to reject incomplete applications, then there should be no incomplete forms in your “considered” file.
There are some very important lessons to be learned from this case!
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