Re:The rise of never-ending job interviews
by dahart on Tuesday August 03, 2021 @09:08PM
(#28056153)
> The number of charges filed with the EEOC has gone down over the last 20 years
Yes that’s a compelling data point for decreasing legal actions (and it’s interesting, thanks for including it), but not all actions and not all fears end up in front of the EEOC, right? This data point alone is likely due to decreasing union membership over the last 20 years, but is also explained by the increasing prevalence of mandatory arbitration clauses. What it doesn’t explain is why HR departments nationwide are increasing efforts to educate employees about anti-harassment policies. If they are legally in the clear, why is that happening? Twenty or thirty years ago it was hardly a thing, today it’s the norm.
> They don’t have to show anything. The employee has to prove that it’s age discrimination.
You are right about the legal burden of proof in court, absolutely. Court isn’t the only possible outcome of a discrimination claim, though, and the one specific example you gave is a defense against a discrimination claim that would not hold up in court (firing a long-time employee for claiming to not like the right football team).
I agree with everything you’re saying about what is required in court, and what are the legal rights for all employers in the US, not just tech companies. That’s just not exactly what I was talking about.
Yes that’s a compelling data point for decreasing legal actions (and it’s interesting, thanks for including it), but not all actions and not all fears end up in front of the EEOC, right? This data point alone is likely due to decreasing union membership over the last 20 years, but is also explained by the increasing prevalence of mandatory arbitration clauses. What it doesn’t explain is why HR departments nationwide are increasing efforts to educate employees about anti-harassment policies. If they are legally in the clear, why is that happening? Twenty or thirty years ago it was hardly a thing, today it’s the norm.
> They don’t have to show anything. The employee has to prove that it’s age discrimination.
You are right about the legal burden of proof in court, absolutely. Court isn’t the only possible outcome of a discrimination claim, though, and the one specific example you gave is a defense against a discrimination claim that would not hold up in court (firing a long-time employee for claiming to not like the right football team).
I agree with everything you’re saying about what is required in court, and what are the legal rights for all employers in the US, not just tech companies. That’s just not exactly what I was talking about.