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Best Suited
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There were 7 new 1st level management openings, all 7 position were filled by 7 white qualified applicants. One of the applicants not selected is African American (female), who was also qualified. She
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Best Suited

posted at 3/25/2008 11:52 AM EDT
Posts: 13
First: 3/25/2008
Last: 5/1/2008
There were 7 new 1st level management openings, all 7 position were filled by 7 white qualified applicants. One of the applicants not selected is African American (female), who was also qualified. She (African American female) later brought up charges with the EEOC alleging she was discriminated against because of her race. Although she had more experience (been with the company 9 years) and trained the 7 that had been selected she wasn’t selected as the top choice. When she asked why, she was told that she was the most “suited” and that she didn’t “wow” the interviewers. Is this something I should be concerned about? I’m very new to this process?

Best Suited

posted at 3/25/2008 11:54 AM EDT
Posts: 13
First: 3/25/2008
Last: 5/1/2008
[quote]
On 2008-03-25 15:53, dc8844 wrote:
There were 7 new 1st level management openings, all 7 position were filled by 7 white qualified applicants. One of the applicants not selected is African American (female), who was also qualified. She (African American female) later brought up charges with the EEOC alleging she was discriminated against because of her race. Although she had more experience (been with the company 9 years) and trained the 7 that had been selected she wasnt selected as the top choice. When she asked why, she was told that she was not the most suited and that she didnt wow the interviewers. Is this something I should be concerned about? Im very new to this process?
[/quote]

Best Suited

posted at 3/26/2008 2:46 AM EDT
Posts: 228
First: 11/1/2006
Last: 1/20/2010
If you are the HR Manager - then yes, you should be worried. If she meet all the minimum qualifications and was not selected I'd be lawyering up.

Best Suited

posted at 3/26/2008 3:28 AM EDT
Posts: 13
First: 3/25/2008
Last: 5/1/2008
We have not engaged counsel yet. The EEOC investigator has scheduled an onsite visit and wants to meet with the hiring managers. What can we expect?

Best Suited

posted at 3/26/2008 4:03 AM EDT
Posts: 228
First: 11/1/2006
Last: 1/20/2010
It would be wise to get the advice of a good employment law attorney right away. Once the door is opened to an EEOC rep - they can review all of your records. Don't go into this without a good attorney.

Good luck!

Best Suited

posted at 3/26/2008 5:49 AM EDT
Posts: 13
First: 3/25/2008
Last: 5/1/2008
Thank You

Best Suited

posted at 4/8/2008 8:06 AM EDT
Posts: 13
First: 3/25/2008
Last: 5/1/2008
We are now in the fact finding portion of the EEOC investigation. In the companies position statement the hiring manager states the reason why the African-American applicant wasnt promoted was because she didnt meet the minimum job requirements. Here is my concern; The African-American made it through the initial HR screening which determined she had met the requirements. What impact might this have on the investigation?

Best Suited

posted at 4/8/2008 10:12 AM EDT
Posts: 228
First: 11/1/2006
Last: 1/20/2010
Have you now engaged counsel? I sure hope so. They may tell you to NOT have the hiring manager anywhere around when the EEOC comes to visit. If the minority female did indeed train all 7 of the promoted non-minority males - how in the world can he say she didn't have the minimum qualifications?? I don't know all the particulars - but this doesn't sound like a very good situation for your company to be in. I wish you a lot of luck. Keep us posted on the outcome.

Best Suited

posted at 4/8/2008 11:35 AM EDT
Posts: 13
First: 3/25/2008
Last: 5/1/2008
No, this is being handled by Employee Relations, and they dont want to engage counsel and the EEOC has been here several times in the last few weeks, In fact asked if the company would like to consider conciliation at the juncture in the process and department VP declined. This is getting very uneasy.

Best Suited

posted at 4/9/2008 2:29 AM EDT
Posts: 228
First: 11/1/2006
Last: 1/20/2010
I don't envy the situation you find yourself in. A conciliation agreement may have been your best option. This is just my opinion - but I think it's reckless to go into this without legal representation.
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