As a marketing manager you have recently turned down Nancy Conrad for a position as sales supervisor. Nancy believes the denial was due to her gender and she has filed a sex discrimination charge with the EEOC. Explain the steps the EEOC will use to process the charge; include Nancy’s options during the process. Determine the likelihood of success of Nancy’s discrimination claim from the EEOC data base (available through www.eeoc.gov). Describe the basic precautions you should take so you might prevail in her claim.
In some instances, individuals feel that they were not hired due to race, gender, age, if she is over 40, disability or religion. (EEOC 2010) This may or may not be the situation in Nancy’s case. To ensure that Nancy was not hired due to the fact that she was not the most qualified individual, the EEOC will assign an investigator to Nancy’s case. The investigator will contact the company who did not hire Nancy and request qualification, gender, race and age information for the individual who was hired. In the case another woman was hired who had similar qualifications to Nancy, the case would be void, as gender would not play a role in the company’s decision. In the case a male was hired with similar experience to Nancy, the company would have to prove its point in the hiring decision. That information would be any testing that was done in determination of the hiring decision, education and qualification information that rendered a hiring decision of another candidate, reference information. Even though Nancy feels she was not hired due to her gender, she might not have received good references; making the decision to hire another the deciding factor. The EEOC’s role in this is “The EEOC has the authority to investigate charges of discrimination against employers who are covered by the law. Our role in an investigation is to fairly and accurately assess the allegations in the charge and then make a finding. If we find that discrimination...
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