Some employers are using vague, subjective reasons to evade complying with discrimination laws
Share to linkedinA growing number of federal appeals courts are recognizing that nefarious employers use subjective criteria to justify discriminatory hiring decisions.
The court said employers must articulate “specific reasons” for employment decisions, such as “the candidate’s ‘seniority, length of service in the same position, personal characteristics, general education, technical training, experience in comparable work or any combination’ of such criteria.”, a case of national origin discrimination in violation of Title VII of the Civil Rights Act of 1964.
After he was denied a promotion in 2008, Figueroa filed a complaint with the State Department, which investigated for years until it rejected Figueroa’s complaint in 2013. Figueroa appealed to the U.S. Equal Employment Opportunity Commission , the federal agency charged with enforcing Title VII. This statute The EEOC affirmed the State Department’s dismissal on March 1, 2016.
The court observed that plaintiffs “lack the resources to guess at how their respective decision-makers interpreted the criteria and to explain away each standard at trial. We also expect that no reasonable jury would accept a vague and slippery explanation.”
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