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AVOID HIRING DISCRIMINATION CLAIMS

To help protect yourself against discrimination claims in the hiring process, we recommend that employers answer these questions developed by the California Case Analysis Manual:

Discrimination

Did the respondent fail to select the complainant because of the complainant’s protected status (race, sex, etc.)?

Relevant Questions:

  • Did the adverse action (failure to select) actually happen?
  • Is the respondent’s claim that the complainant is less qualified than the person selected accurate?
  • Is any other rebuttal asserted by the respondent valid?
    • Is the respondent’s reason for not selecting the complainant factually accurate?
    • How did the respondent treat others in a similar situation as the complainant?
  • Does the respondent’s application of its pre-selection procedures to similarly situated persons indicate that the failure to select occurred because of the complainant’s protected status?
  • Does the relevant statistical pattern indicate that the failure to select occurred because of the complainant’s protected status?
  • Is there any direct evidence to link the failure to select to the complainant’s protected status?
  • Is there any anecdotal evidence to link the failure to select to the complainant’s protected status?
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