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May 25, 2012
Mark Clayton: Is Hillary's State Dept. hacking Al Qaeda? Not quite
Erika Bolstad: Temple cancels Wasserman Schultz speech
The Kosher Gourmet by Ethel G. Hofman: The former president of the International Association of Culinary Professionals, whose members included the likes of Julia Child, is back with contemporary Shavous cuisine: Ruby Fruit Soup, Sweet Noodle Kugel with Cheese, Key Lime Curd, Calsone Casserole Frittata with Wild Mushrooms, Sun-dried tomatoes and Olives, Baked Tilapia with Pepper Cheese Cream and Brown Sugar Shortbread
May 24, 2012
Jeff Jacoby: The peace process battered Israel's reputation
Michael Muskal: 'Pro-choice' position hits record low, according to poll
Chris Farrell: Are We in a Tech Bubble?
The Kosher Gourmet by Penelope Wall: PHILLY CHEESE STEAKS --- hold the steak!
May 23, 2012
Tony Pugh: More private colleges offering tuition discounts
Mary Beth Franklin: How to Choose the Right Annuity for You
Tina Susman: The wig wasn't enough: Man gets 13 years for posing as his dead mom
The Kosher Gourmet by Emma Christensen:A simple way to do fish right
May 22, 2012
Warren Richey: Can US group challenge overseas surveillance act? Supreme Court to decide
Thomas M. Anderson: Walking Away From a Mortgage
The Kosher Gourmet by Megan Gordon: Enjoy a celebration of the most rich and layered flavors: Black bean, sweet potato and quinoa chili
May 21, 2012
Mark Clayton: Cybersecurity: How US utilities passed up chance to protect their networks
Howard LaFranchi: NATO summit: Who will foot the bill for long-term Afghanistan security?
Chris Farrell : Earn Dividends in Emerging Markets with This WisdomTree ETF
Stephen Whiteside, Ph.D. : Mayo Clinic Medical Edge: Social anxiety disorder --- or just shy?
Guy Jackson : Victim's father regrets death of Lockerbie bomber
The Kosher Gourmet by Mario Batali: Famed chef's veal shoulder farsumagru: A festive meat course for late spring
May 18, 2012
Rabbi Berel Wein: Striving: The People of the Book's Book for (All of) the People
Steven Goldberg: 5 Great Stock Picks and the Exchange-Traded Fund that Owns Them
Mary Pickett, M.D.: Ask the Harvard Experts: Don't be forced into gluten-free lifestyle based merely on a doctor's false-positive test
The Kosher Gourmet by Carolyn Malcoun: DIY healthy lunchbox treats: HOMEMADE FRUIT BARS for kids and brown-bagging adults alike
May 17, 2012
Warren Richey: Teacher fired for being unwed and pregnant can sue religious school, court rules
Josh Mitnick: Netanyahu's 'centrist' coalition is already proving it's anything but
Steven Goldberg: Earn Dividends in Emerging Markets with This WisdomTree ETF
Amina Khan: Research links coffee to lower death rates
The Kosher Gourmet by Faith Duran : Cheesy Potato Breakfast Casserole with Cheddar and Sun-Dried Tomatoes
May 16, 2012
Carmen Terzic, M.D., Ph.D. : Mayo Clinic Medical Edge: A variety of exercises can help improve balance
Melissa Healy: National strategy on Alzheimer's disease aims to halt it by 2025
The Kosher Gourmet by Joyce White : GOODNESS GRACIOUS: GREENS! 4 winning recipes that are no longer just for down-home folks (Includes expert tips & techniques)
May 15, 2012
Kristen Chick: Obama administration resumes arms sales to Bahrain despite serious unresolved human rights issues. Activists feel abandoned
Pat Mertz Esswein: Homes are now affordable again and mortgage rates are low. What you need to know before you buy
Kathy Kristof: Our Practical Investor Fights Inflation with These 6 Investments
Sue Hubbard, M.D.: The Kid's Doctor: Lactose intolerant young child? Check again
The Kosher Gourmet by Kathy Hunt: Spread a Little Excitement with EXOTIC CONDIMENTS (4 RECIPES)
May 14, 2012
Lisa Gerstner: How to Protect Your Identity, Finances If You Lose Your Phone
Harvard Health Letters: Heart disease and dementia
The Kosher Gourmet by Megan Gordon: MANGO COCONUT OAT MORNING MUFFINS are a bright but hearty delight
May 11, 2012
Jessica L. Anderson: Get the Best Deal on a Used Car
Jett Stone: Forget face-lifts and fake knees. Scientists have seen the fountain of youth --- and it's broccoli
The Kosher Gourmet by Chef Mario Batali: The famed chef's vegetable dish that tastes true to the season: FAVAS AND SUGAR SNAP PEAS WITH POTATOES AND TARRAGON
May 10, 2012
Sergei L. Loiko: Putin sends warning to U.S., NATO in Victory Day speech at Red Square
Mary Rourke: How being a 'mentch' got Vidal Sasoon his start and fighting in Israel's War of Independence provided him with confidence and a strong sense of his own identity
Jeff Bertolucci: Get Home Phone Service for Less Than $10 a Month
The Kosher Gourmet by Betty Rosbottom: Gleaming with its golden, crimson, and snowy white hues, this silken smooth and creamy STRAWBERRY ORANGE TRIFLE looks impressive, but is easy to prepare
May 9, 2012
Sharon Palmer, R.D. How you can reduce your risk -- or delay -- chronic diseases associated with aging
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Jewish World Review
How fair does ‘fair consideration’ have to be?
By
Rabbi Dr. Asher Meir
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http://www.JewishWorldReview.com |
Q. In your last column you wrote that it is improper to advertise a position if you have already decided on the person to fill the job and have no intention whatsoever of hiring other applicants. What about government requirements that require advertising a job?
A. Last time we discussed a Talmudic passage which forbids gratuitous shopping, when it wastes the time of the seller and exploits his desire to make a sale. The mishna states:
Just as there is exploitation in commerce, so is there exploitation in speech. Don't say to [the seller], "how much does that item cost?" when you don't want to buy. (1)
The subsequent Talmudic passage adds:
Rabbi Yehuda says, Also don't set your eye on a deal when you don't have any money. (2)
The conclusion: if you advertise a position, you are obligated to give serious consideration to all applicants, in order to give them the fair chance they are promised when the position is advertised.
The column generated an unusual degree of reader mail. Most people asked the question above: What about the many cases where soliciting applicants is a requirement? The implicit question is: Should these regulations be changed, or perhaps flouted?
Some asked the opposite question. They complained about workplaces where hires are made by fiat, without giving even minimal consideration to other applicants.
Regarding the first question, it is important to note that the conclusion of the column was not that soliciting applicants when you have a hire in mind is improper. Rather, other applicants deserve to have their applications given serious consideration. That is exactly what the government regulations require. In the case of hires where government aid is given or some kind of government permit is required, the government sees a valid public interest in providing equitable opportunity for jobs. The meaning of the requirement is not merely to advertise the position but also and primarily to give due consideration to all applicants. This is no different than the requirement that multiple bids be solicited for government contracts in order to prevent favoritism (giving the contract to someone you know) and laziness (taking the first supplier who comes along).
This also gives the answer to the second question. Soliciting applicants is not an unfair practice; on the contrary, in many cases it is the fairest practice. But the solicitation has to be sincere.
One way to maximize the effectiveness of the application process and minimize wasted effort on the part of the employer and interviewees alike is to make the original advertisement as transparent as possible. The object is to select specifically the people who truly have a reasonable chance of being the best person for the job. There are various ways of doing this. One is to be as specific as possible regarding the qualifications being sought, so as not to waste the time of over- or under-qualified applicants. Another is to specify if the ad itself results from some policy or regulation. For instance, the ad could mention that it is being publicized in accordance with regulation so-and-so, or "ABC corporation's policy is to open new positions to all qualified applicants." This can tip off people whose time is valuable that there may be a preferred applicants waiting in the wings.
Obviously there are other and competing considerations at work, including the desire to be discreet about the nature of job openings and to save money in ads, which are billed by the word. But to the extent they are practical these measures can save time and aggravation for all concerned.
Opening up new positions for general consideration, even when a qualified applicant is known, can be a fair and effective way of guaranteeing the best hire and avoiding favoritism and laziness, or it can be a colossal waste of time for employer and applicants alike. One way to tip the scale is in the right direction is to advertise the position in the most informative way practical. Above all, once applications are submitted it is necessary to give fair consideration to each one.
SOURCES: (1) Mishna, Bava Metzia 4:10 (2) Babylonian Talmud, Bava Metzia 58b
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JWR contributor Rabbi Dr. Asher Meir, formerly of the Council of Economic Advisers in the Reagan
administration, is Research Director of the Business Ethics Center of Jerusalem, Jerusalem College of Technology.
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