A long time ago I worked in the EEO complaints investigation office for
the Department of Health and Human Services. I was not an investigator,
but I typed up investigation reports.  By far the most typical finding
at the time was that there was no discrimination based on age, sex or
race; the employee was not promoted or not hired either based on their
job-related qualifications relative to others, a record of poor
performance reviews or because of an established Federal seniority
policy that cut against the complainant.  As Pamela notes, if the
investigator did find discrimination it was based on a documented
pattern of the same by the hiring official or the department.

 

Please do not read the above anecdote as an example of "blame the
victim"; it's just a demonstration that in some, and possibly most,
cases, people get so upset about being passed over for a job or
promotion that they try to find causes outside of themselves.  Sometimes
the causes are there but it takes a lengthy process to ferret them out.

 

Julia Muney Moore

Public Art Administrator

Blackburn Architects, Indianapolis, IN

(317) 875-5500 x230

 

________________________________

From: Museum discussion list [mailto:[log in to unmask]] On
Behalf Of Pamela Silvestri
Sent: Thursday, September 07, 2006 9:56 PM
To: [log in to unmask]
Subject: Re: [MUSEUM-L] Comments Regarding Age Discrimination in Museums
(Part I)

 

...

 

For an age discrimination complaint - it is not going to be just a
matter of a conversation that took place during a job interview. The
agency is going to look at every detail in the employment process where
discrimination may have occurred. They are going to ask the employer
controlled questions verbally, and in writing to find any indication of
discrimination. The employer, ultimately is going to have to prove that
the employment process was fair to the applicant.

 

The agency may also look at past applicants to determine if there's a
pattern of illegal discrimination. You can also see where the employer
will be required to be compliant.

 

You don't have to have 'hard' physical evidence and even 'subtle'
discrimination may be deemed to be illegal discrimination.

 

Pam

 

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