27 March 2026
Is Your Hiring Process Legally Defensible?
In 2015, Abercrombie & Fitch lost a Supreme Court case over a hiring decision. The problem was not the decision itself. It was the absence of any record of how it was made. This checklist shows you which part of your process would not survive the same scrutiny.
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Download Free GuideIn 2015, Abercrombie & Fitch lost a Supreme Court case over a hiring decision.
They had never asked the candidate about her religion.
They had no written policy saying religious attire was banned.
They had no documentation of why she was not hired.
That was the problem. Not the decision itself. The absence of any record of how it was made.
The Supreme Court ruled 8-1 against them.
When a hiring decision cannot be explained, documented, or justified, it can be challenged. And without a paper trail, there is no defence.
Most talent teams have at least one section of their hiring process that would not survive scrutiny. This checklist shows you which one.
Put it together as a working document. Open it above.
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