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,
(317) 875-5500 x230
From:
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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