BALCA recently considered whether an employer properly rejected a U.S. applicant based on the applicant’s resume alone without an interview or subsequent inquiry and whether the employer failed to provide an explanation as to why the U.S. applicant could not acquire the skills necessary for the job following a reasonable period of on-the-job training.
The panel of judges then reiterated the Employer’s arguments for rejecting the applicant, as follows:
* Applicant only had 8 months of experience “in the job offered;”
* Applicant’s other experience “was in a completely different position and industry;”
* Applicant “would be unable to acquire skills necessary through a reasonable period of on-the-job training, and, as a result, the Employer was not obligated to contact or interview [the applicant] to further investigate [the applicant’s] qualifications;”
* Applicant possessed 2 years of experience in 2 of the 8 duties, or 25%;
* Applicant lacked 2 years of experience in 3 of the 8 duties, or “nearly 40%;” and
* Applicant “would require a full 2 years of training in 40% of the job duties, and more than normal 6 months of training in the remaining 35% of the [job] duties.”
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