Three employees apply for the job of assistant manager withi
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Three employees apply for the job of assistant manager within the department. They are all well qualified for the position. The first, John, is 50 years old and has over 20 years experience, but he is not up-to-date with modern technology. The second applicant is Jan, who is 20 years old and fresh out of college. She only has 1 year of experience, but has a master's degree in business. The third applicant is Maria, who is 40 years old and has 10 years experience in the department. She has a good technology and business background.
The manager hires John because they golf together outside of work and are friends. Jan feels that she deserves the job and files a gender discrimination complaint with the EEOC. Maria, who is Hispanic, feels that she deserves the job and files national origin and gender discrimination complaint with the EEOC.
In-house legal counsel tells you, the executive administrator, about the EEOC complaints. What do you do?
Prospective Risk Management
Identify and describe strategies you could adopt to limit legal risk in this area in the future.
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Solution Summary
Three employees apply for the job of assistant manager within the department. They are all well qualified for the position. The first, John, is 50 years old and has over 20 years experience, but he is not up-to-date with modern technology. The second applicant is Jan, who is 20 years old and fresh out of college. She only has 1 year of experience, but has a master's degree in business. The third applicant is Maria, who is 40 years old and has 10 years experience in the department. She has a good technology and business background.
The manager hires John because they golf together outside of work and are friends. Jan feels that she deserves the job and files a gender discrimination complaint with the EEOC. Maria, who is Hispanic, feels that she deserves the job and files national origin and gender discrimination complaint with the EEOC.
In-house legal counsel tells you, the executive administrator, about the EEOC complaints. What do you do?
Prospective Risk Management
Identify and describe strategies you could adopt to limit legal risk in this area in the future.
Solution Preview
Because we are a country that has an at-will employment policy, meaning that employers can hire or fire any employee that they choose to, without reason, unless it is illegal to do so, the manager needs to prove that he or she did not choose the other candidates because of gender and race. The burden of proof shifts to the employer in this case. Clearly, the ideal applicant for the position was Maria, who is Hispanic. The employer needs to prove that the company did not select Jan based on her gender. She was qualified for the position. The employer also needs to prove that Maria was not selected because she is Hispanic.
Several steps can be taken to limit legal risk. In ...
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