Job NON Selection

Hi, my question is regarding employment discrimination in the federal government. Can a selecting official decision to select a less qualified applicant (not in the protected class) from a competitive list as opposed to alternative best qualified list be justified as (non discriminatory) or can it be proof of pretext and of discrimination.

Thank you

1 answer  |  asked Dec 31, 2004 10:41 AM [EST]  |  applies to Texas

Answers (1)

Trey Henderson

The buren of proof on a discrimination claim is on the Plaintiff. Generally speaking, the Plaintiff will need some sort of proof beyond what you described to win a case. However, there may be other proof out there such as comments or a history of not hiring a certian race. If you wish to pursue the claim, file a discrimination charge with the EEOC. They will investigate it and see if there is any proof.

posted by Trey Henderson  |  Jan 2, 2005 3:47 PM [EST]

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