The recent BALCA case of Pyramid Technology Solutions highlights something a lot of employers (and even some lawyers) seem to regularly misunderstand, which is that in “experience required” positions where the employer is filing for a current employee, the experiential requirements CANNOT be met by his or her time in their incumbent position. In other words, the worker must meet the experience requirement(s) as of the date of his or her hire.

These cases always involve a balancing act between accurately listing the requirements while also tailoring them as narrowly as possible (to avoid being deluged with applications), but it’s always best to err on the side of caution. This case highlights the idea that it’s always best to play it as safe as possible.