Q: Job Interview Process Legal?

A: Probably legal unless it is governed by collective bargaining agreements, public education and funding laws, or some established policy akin to a rule or regulation which an applicant happens to be familiar with. Selection of employees tends to be fairly subjective, even when essential skills or experience are publicly posted. Most are rather vague and innocuous to give those who select sufficient independent discretion when deciding.

Do you have reason to believe that their recent hiring decisions are inherently biased or exclude qualified candidates who belong to one or more protected classes of applicants (think Title VII, ADA, ADEA here). It requires a bit of detective work.

For example, were they to contact 20 or 30 potential candidates and several of one gender were available during the mornings of the next 3 days while others of the opposite gender were not and they decided, during the process of calling, to exclude those of the opposite gender by scheduling all interviews at the time when more candidates of the preferred gender were available, such a process would likely incorporate a gender bias because the interviewer decided when to schedule interviews, knowing that few if any members of the non-preferred gender would be available during those hours.

Such inherent bias could apply for race, national origin or other protected classes as well. I recently learned that one professional's office "just wanted to see what a potential manager looked like" before that manager was hired on the spot. That type of hiring practice is not necessarily discriminatory but the comment implies some inherent bias or possible prejudice. Proving that is where we earn our keep.

Your instinct is probably correct. There may very likely have been bias in selection. It could have been how you sounded, confirming your ethnic background from your surname, females being too masculine or males not masculine enough, and that list goes on and on. But an unsuccessful applicant must still prove they were qualified and but for the applicant's membership in one or more protected classes they were denied the interview which, had they been invited, should have resulted in their being offered conditional employment.

The school knows that few will sue or threaten to sue them. If this is not the first time this has happened to you and you recognize something about yourself that you believe falls within a protected class of applicant then you should consult with a skilled employment lawyer. I represent more and more clients who I never meet in person. But there is always something I miss when I don't actually see someone. Keen listening helps me decide who I potentially want to represent and it may have permitted this school to unlawfully exclude you from consideration because of your membership in one or more protected classes or possibly just the tone of your voice. Only a legal consultation might reveal which it may have been.

Follow your instinct and good luck.