age discrimination

Justin Schwartz jkschw at hotmail.com
Sun Jul 8 10:10:47 PDT 2001


My point was that people who are rejected for jobs may
>have a feeling that factors like race or age affected the decision, but
>usually they'll never know for sure. The relevant conversations take place
>behind closed doors. So if they voice their suspicions, it's easy for
>observers to say they're just rationalizing their failure. As wojek seemed
>to be saying. There's no evidence of discrimination, and wouldn't be
>unless
>someone on the inside (e.g. the hiring committee) decided to complain.
>
>Les
>

That's right. That's why you can sue on the foumula of McDonnell-Douglas v. Green (1973): if you are in a protected group, qualified, worse treated than someone outside the protected group, and suffer adverse action (e.g., are not hired), then there is a rebuttable presumption of discrimination. The emplyer has to produce a nondiscriminatory reason, which you can attacka s pretextual. Of course, in a job search situation, it is generally not worth your while to sue. --jks _________________________________________________________________ Get your FREE download of MSN Explorer at http://explorer.msn.com



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