Job NON Selection
Hi, my question is regarding employment discrimination in the federal government. Can a selecting official decision to select a less qualified applicant (not in the protected class) from a competitive list as opposed to alternative best qualified list be justified as (non discriminatory) or can it be proof of pretext and of discrimination.
Thank you
Answers (1)
The buren of proof on a discrimination claim is on the Plaintiff. Generally speaking, the Plaintiff will need some sort of proof beyond what you described to win a case. However, there may be other proof out there such as comments or a history of not hiring a certian race. If you wish to pursue the claim, file a discrimination charge with the EEOC. They will investigate it and see if there is any proof.
posted by Trey Henderson | Jan 2, 2005 3:47 PM [EST]
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