One of the biggest barriers to providing interview feedback is the fear of legal repercussions. Many companies have adopted a "no feedback" policy to avoid potential discrimination claims. However, this approach often does more harm than good, both for candidates seeking growth and for companies looking to build a strong employer brand.
The good news? With the right approach, you can provide meaningful, constructive feedback while minimizing legal exposure.
Understanding the Legal Landscape
Before diving into best practices, it's important to understand what legal risks actually exist:
Protected Classes
In most jurisdictions, it's illegal to make employment decisions based on race, gender, age, religion, disability, national origin, or other protected characteristics. Feedback that references these factors, even inadvertently, can create legal problems.
Defamation Claims
While rare in the employment context, candidates could theoretically claim defamation if feedback contains false statements presented as fact that damage their reputation.
Documentation Requirements
Whatever feedback you provide becomes part of the candidate's record. In case of a legal challenge, this documentation will be reviewed.
The Golden Rules of Legal-Safe Feedback
1. Focus on Observable Behaviors
Instead of making judgments about a person's character or abilities, focus on specific, observable behaviors during the interview.
Avoid: "You seemed nervous and lacked confidence."
Better: "During the technical demonstration, there were several long pauses, and some answers could have been more detailed."
2. Reference Job Requirements
Always tie feedback to the specific requirements of the role. This demonstrates that your evaluation was based on legitimate business criteria.
Avoid: "You're not a good cultural fit."
Better: "This role requires extensive experience with Agile methodologies. Your background appears to be primarily in waterfall project management."
3. Be Specific, Not General
Vague feedback is not only unhelpful for candidates but can also be interpreted in problematic ways.
Avoid: "You didn't meet our expectations."
Better: "We were looking for someone with at least 5 years of leadership experience managing teams of 10+ people. Your experience leading smaller teams, while valuable, didn't align with this specific requirement."
4. Avoid Comparative Statements
Never compare candidates to each other or make statements about where they ranked in the process.
Avoid: "Other candidates had more relevant experience."
Better: "We've decided to move forward with a candidate whose experience more closely aligns with the specific technical requirements of this role."
5. Stick to Professional Criteria
Keep all feedback focused on professional qualifications and avoid any commentary on personal characteristics.
Avoid: "You seemed like you were juggling a lot personally."
Better: "We require someone who can commit to the on-call rotation schedule outlined in the job description."
Building a Structured Feedback Process
Use Templates
Develop standardized feedback templates that guide interviewers to provide appropriate comments. Templates help ensure consistency and reduce the risk of problematic statements.
Key template elements:
- Skills assessment grid
- Behavioral observation notes
- Role-specific competency evaluation
- Next steps or recommendations
Train Your Team
All interviewers should receive training on:
- What feedback is appropriate to share
- How to document interview observations
- What topics to avoid
- Company policies on candidate communication
Legal Review Process
For candidates who request detailed feedback, consider having your feedback reviewed by HR or legal before sending. This adds a layer of protection while still allowing you to be helpful.
What to Do When Candidates Push Back
Sometimes candidates disagree with feedback or want more detail. Here's how to handle these situations:
Stay Professional
Even if a candidate becomes defensive or confrontational, maintain a professional tone. Don't get drawn into arguments about your assessment.
Refer to Your Process
Explain that your evaluation was based on a structured interview process and predefined criteria for the role.
Know When to Stop
If a candidate continues to push or becomes hostile, it's appropriate to end the conversation. You can offer to have an HR representative follow up if needed.
The SafeFeedback Advantage
SafeFeedback helps companies navigate these challenges by providing:
- Pre-approved templates designed with legal best practices in mind
- Automated compliance checks that flag potentially problematic language
- Audit trails for all communications
- Consistent, structured processes that reduce individual error
Conclusion
The fear of legal repercussions shouldn't prevent you from providing valuable feedback to candidates. By following these guidelines, focusing on observable behaviors, tying feedback to job requirements, and using structured processes, you can help candidates grow while protecting your organization.
The key is to be specific, professional, and consistent. When in doubt, remember: feedback should always be something you'd be comfortable having reviewed by any third party, including a court.