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Round Table #2

Round Table #2

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Round Table #2

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  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.