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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?