Monterey, CA asked in Employment Law for California

Q: Is it legal to have coworkers, non-supervisory, on an interview panel for a new job position?

Working in the medical field, in a charge position and applying for the same position at a different highly sought after location. Just found out that there is going to be an interview panel consisting of one supervisor and additional coworkers, some of which are new and also are currently my “employees”. There are several people on the panel that have outside of work relationships with other applicants. Is this legal to have these coworkers on an interview panel? Wouldn’t it be a conflict of interest, especially if someone is favored because of personal interests?

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1 Lawyer Answer
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: Unless there is some kind of union-bargained provision, the employer has the right to have whomever it wishes be part of the interview process, including co-workers. And unfortunately, nepotism and favoritism are not unlawful.

Good luck to you.

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