CP#
Investigator:
Date Investigation Completed:
Recommendation(s):
What is the incident?
failure to hire or
failure to promote
What is the date of incident?
Was the incident timely filed?
What is the alleged basis?
If the alleged basis is disability, then did Complainant's health
condition meet our three-part definition of disability? Explain.
Did Respondent seek applicants?
Did Complainant make application?
Was Complainant rejected?
Who is the Incident Doer (the person who rejected Complainants'
application)?
What are the Incident Doer's reasons for the rejection?
Did the Incident Doer seek nonbasis applicants after rejecting
Complainant?
Did the Incident Doer select a nonbasis applicant over Complainant?
What were Respondent's job qualifications?
Were Respondent's job qualifications reasonably related to the
job's duties and responsibilities?
Was Complainant qualified for the job?
Was the preferred applicant qualified for the job?
Based upon Respondent's job qualifications, if reasonably related
to the job's duties and responsibilities, were Complainant and
the preferred applicant "similarly" qualified?
Was Complainant better qualified? Explain.
Has the Incident Doer adequately explained why the nonbasis preferred
applicant was selected over Complainant?
Is there direct evidence of basis motive? Are there basis-related
statements/remarks made by the Incident Doer? Is there a smoking
gun?
Has Respondent violated the antidiscrimination statute before,
as determined by a court or this agency? Was the Incident Doer
involved? If so, explain.
Has the Incident Doer discriminated against other basis persons
or against Complainant previously? If so, explain.
Do snapshot or timeframe work force statistics indicate that Respondent
was basis underrepresented?
Based on the "binomial" (statistical significance test),
could the under- representation have occurred by chance?
Was the Incident Doer at least partially responsible for the development
of Respondent's work force?
Throughout Incident Doer's tenure at Respondent, how many persons
has the Doer [hired/promoted]? What percentage of those persons
are basis?
Throughout Incident Doer's tenure at Respondent, how many persons
have applied or been considered for [hire/promotion]? What percentage
of those persons are basis?
Is the Incident Doer's basis [hire/promote] percentage less than
the basis applicant flow percentage? If so, then based on the
binomial, could the Doer's [hire/promote] record have occurred
by chance?
Was the basis a "motivating" factor in the incident?
If so, then state whether Respondent has claimed or can support
a basis bona fide occupational qualification?
If disability or religious belief/practice is the basis, could
Respondent have reasonably accommodated Complainant's limitations/needs?
Explain.
What is the recommendation?