Forgetting proper interview etiquette can lead to problems for companies — such as driving away qualified candidates. Here’s a case where it led to a bigger concern.

Read the facts of this real-life case and decide: Who won?

The facts:

An employee applied for a promotion to a managerial position. He met the minimum qualifications, so he was asked to interview, along with several other employees.

As you might guess, he didn’t get the job.

During his interview, he claimed the hiring manager yawned while he delivered his answers. To him, the supervisor’s yawning indicated the decision not to promote him had already been made, and the company only granted him an interview to cover up illegal bias.

He felt he was turned down because of his age. He was in his late 40s at the time, and the employee selected was 10 years younger. He sued.

The employer said:

He wasn’t promoted because the other applicants performed better in the interviews. They were all asked the same questions and their responses were scored. The candidate who was picked was the one who had the highest score.

Who won the case?

Answer: The employer.

Why: The court failed to see the yawn as evidence of discrimination. It might not have been the best thing to do during an interview, the judge said, but it would be unreasonable for a court or jury to believe the man’s theory.

Also, the employee couldn’t prove he should’ve gotten the job. He claimed to be the most qualified candidate, but the company felt otherwise. There was no reason to believe the company was wrong.

The bottom line: Courts don’t decide whether employers make the right hiring decisions. If they hire the best applicants and document how the decisions are made, they’ll be able to fight bias claims.

Cite: Arroyo-Audifred v. Verizon Wireless, Inc.

Tags: age discrimination, interview, promotion, yawn