Round table 2
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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

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Round table 2

Round Table #2

Shifting the Burden of Proof in a potential discrimination claim


Round table 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


Round table 2

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

Prima Facie

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


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