Would this company permit an employee taking 3 months unpaid leave to provisional hire somewhere else and have free choice whether they stay or go at the end of it.
It might be a more salient concern now, in the era of AI agents, and we are much warier today than I was at Matasano, but generally I think this risk is more talked about than experienced.
Yes, standard interview loops also discriminate, and the more time they take, the more discriminatory they are. Any on-site requirements compound the issues.
Like Yegge says: provisional employment/internships solve all of these issues. You get the best of all worlds: stable employment for the candidate where they get paid a regular wage and aren't under a stressful interview setting, and lots and lots of work samples for you, the employer. It's not perfect. For example, it can be difficult to entrust the provisional employee/intern with anything impactful if you don't know whether they'll be employed at the end. But it is significantly better than the alternatives in most contexts.
It works. I’ve seen it in two different places.
At the second one, the fundamental realization I came to was that it is virtually no different than “regular” employment, where the new employee can get fired for not meeting expectations within an arbitrary time period after being hired. This can be months, or even weeks. From the perspective of the candidate, regular employment and provisional employment have roughly the same level of risk: in both cases they take a job where they might be let go at some point. The benefit of provisional employment is that they know how long they will be evaluated for and against whom. It turns out a lot of candidates do in fact like the all-cards-on-the-table approach and enjoy being given the opportunity to prove themselves on the job.
Nobody does this, of course, but then provisional employment is a silly idea to begin with.