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
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Round Table #2
Shifting the Burden of Proof in a potential discrimination claim
Word Association @ it’s best….
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.
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.
Based on the first impression; accepted as correct until proved otherwise.