Job Posting Question.

If a job is posted and advertised publicly with a specific deadline date and certification requirement.  Is there any recourse for filling the job before the advertised posting deadline?  In this case there where 3 applicants.  The applicant the position was filled with did not meet the certification deadline in time however was still given the position because the start date is not for a week or so yet giving the individual time to get the certification.  I would think with specific criteria stated on the posting/ad the individual should be ineligible. Thanks

"Is there any recourse for filling the job before the advertised posting deadline?"

No.  The employer can hire as soon as they want regardless of any dates in the ad.  The only exceptions to this in some cases are some government jobs.  Private employers have no restrictions. 

As long as the applicant meets the employer's needs then there is no issue.  As long as the employer does not use discriminatory hiring practices:  using age, race, religion etc. then giving a desired applicant extra time to come up with a certification is not illegal.  They are free to hire the applicant of their choice.

That brings me to my next question.  When I asked about how a fully qualified, experienced and certified individual did not even get an interview.  One of the reasons I was told was the other applicant was (fresher).  I took that as I was to old.  I am 42.  Hired individual 21ish and still in college.  In addition to the above question I felt like I was in fact age discriminated against also by the (fresher) commit.

You can run that comment past the EEOC and see if it passes muster.

When you say certified do you mean as in certified to teach in a public school?

In my state to hire a noncertified person (via an emergency certificate) in preference to an existing properly certified individual would be inconsistent with Dept of Ed rules--but in a way nobody enforce said rules in favor of the bypassed individual as I see it!

Most places I think age 40+ puts you in protected age category--so if somebody in authority said you were too old and you can prove it and they hired somebody much younger you just might have a case!

But in general the employer can do as they darn please--they can require 5 years of XXX experience , turn down an a applicant with 4.9 years of specific experience and hire somebody with 0.0 years of required specific experience

"Fresher" can also mean that the skills and knowledge are more up to date - which could be anyone of any age.

It just as easily could have meant that they had more recently learned skills and knew newer things than a more experienced candidate would know.

Employers are not obligated to hire the BEST candidate.