1 / 4

Round Table #2

Round Table #2. Shifting the Burden of Proof in a potential discrimination claim. Word Association @ it’s best…. EEOC Disparate impact Disparate treatment 4/5 th Ping pong game ( ie ) shifting of burden of proof Prima Facie Protected classes Just causes Prove guilty Title VII

craig
Download Presentation

Round Table #2

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Round Table #2 Shifting the Burden of Proof in a potential discrimination claim

  2. Word Association @ it’s best…. • EEOC • Disparate impact • Disparate treatment • 4/5th • Ping pong game (ie) shifting of burden of proof • Prima Facie • Protected classes • Just causes • Prove guilty • Title VII • Vicarious liability • Good faith effort

  3. Currently I’m recruiting for three different positions within our HR department.  My challenge is that after my initial screening for KSAs, I also screen for personality and team fit which can be rather subjective.  Everyone that has made it to the 1st round was qualified based on the KSAs but only a few have made it to the 2nd round due to personality/team fit.    • In respect to the conditions for establishing a prima facie case • The person belongs to a protected minority • The person applied and was qualified for an advertised job opening • Despite the person’s qualifications, the person was rejected, and • After the person was rejected, the position remained open and the employer continued to seek applicants with similar qualifications Answer the question:  If all the above conditions exist, when the burden of proof shifts how can the employer justify personality/team fit as a business necessity and not just a pretext for discrimination. 

  4. Prima Facie Based on the first impression; accepted as correct until proved otherwise.

More Related