EEOC Rulings Validate Hiring Youngest Candidates with Fewest Objective Qualifications

The EEOC, in recent rulings, appears to have completely subverted the stated goal of the Age Discrimination in Employment Act (ADEA), which is to insure the most qualified candidate gets the job.

When former President Lyndon Johnson signed the ADEA fifty years ago, qualifications referred to criteria that were largely capable of objective measurement,  like education, experience and achievement.

In August, the director of the Office of Federal Operations, Carlton M. Hadden, Jr., issued at least two decisions finding no discrimination in cases where highly-qualified applicants were passed over for much younger applicants with far few objective qualifications.

Hadden ruled that a white male police detective, 48, with 20 years of high-level experience in law enforcement, failed to show he was more qualified for the position of lead police officer  at the Dallas veteran’s medical center than a female African-American in her 20s whose experience was limited to a stint in the Army military police. Hadden said the female candidate “arguably has more experience in the intangible areas sought by the (hiring panel), such as poise, compassion, leadership, and the ability to cope with stress …”

Hadden ignored the significance of procedural irregularities in the hiring process because, he said, the complainant didn’t prove the veteran’s center intended to discriminate when it failed to follow its own regulations and the union’s Collective Bargaining Agreement in the hiring process. Continue reading “EEOC Rulings Validate Hiring Youngest Candidates with Fewest Objective Qualifications”

Advertisements

EEOC: Do Qualifications matter or not?

The EEOC appears to be hopelessly confused about the significance of  qualifications in age discrimination case.

This week, the EEOC filed a rare lawsuit alleging age discrimination in hiring. The  EEOC charges that CBS Stations Group of Texas violated the Age Discrimination in Employment Act  (ADEA) when it failed to hire Tammy Campbell, 42, for a full-time traffic reporter position because of her age.  An EEOC press release states the station hired a 24-year old female applicant  who was less qualified than Campbell.

The case contradicts the EEOC’s dismissal last month of a lawsuit filed by a 60-year-old woman who was rejected for one of five attorney positions with the Social Security Administration. The novice hiring officer testified the woman was more qualified than some or all of the younger applicants but that he didn’t consider objective qualifications. He said he based his hiring decisions entirely upon whom he thought would be the best fit for the “culture” of the agency.

Do qualifications count, as in the Texas case, or are they irrelevant, as in the Social Security case?

Continue reading “EEOC: Do Qualifications matter or not?”