a large company doing this (no documentation of a skills gap) who gets subpoenaed would lose 10/10 times
I'm curious, what are the recent cases that were brought up where the company lost?
Meta had one around 2020 with EEOC. The Harvard Case I mentioned above (supreme court) , Activision, Dell, a few others on the top of my mind.
I just looked them up, as I recalled those cases differently, and it doesn’t look like anything has to do with declining an applicant due to them not being the right fit for the team.