To establish a prima facie case of discrimination based on sex, race, or national origin, I, the Claimant must establish that (1) belongs to a protected class; (2) was qualified for and performing my job satisfactorily; (3) suffered an adverse employment action; and (4) similarly situated individuals outside of my protected class were treated more favorably. …show more content…
I disagreed with JCC’s …show more content…
If we are to use the bases of "same time to the same position" than Ms. Pivoda will be the identified individual that meet this criteria. I feel that she was favorably treated with the promotion from a Pay & Benefit Specialist into a Senior Court Services Analyst. First she did not meet the minimum qualification to be a Senior Court Services Analyst (Sr. CSA).
Using JCC Exhibit Q, the Job Description for Senior Court Services Analyst provided that the minimum qualification are as follows:
a. Equivalent to possession of BA degree; AND 3 years of professional analytical or managerial experience in court, gov't or other org. operations; including 1 year of lead experience. Or additional directly related experience may be substituted for the education on a year-for-year basis. Possession of a directly related postgraduate degree or certification from the Institute for Court Management (ICM) may be substituted for one of the three years of required