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
Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.
Shifting the Burden of Proof in a potential discrimination claim
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.