Round Table #2 Shifting the Burden of Proof in a potential discrimination claim
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
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.
Prima Facie Based on the first impression; accepted as correct until proved otherwise.