U.S. courts are cracking down on employers using 'slippery' criteria to hide discrimination
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.
The D.C. appeals court reversed the lower court’s dismissal of Figueroa's claim of intentional discrimination and returned the case to the district court for further proceedings. The court agreed that Figueroa failed to show that the State Department engages in systemic, institution-wide “disparate impact” discrimination against Hispanics.The decision, written by Judge Robert L.
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