AFGE B.L.A.C.K., an AFGE constituency group, held its first webinar of the year, and it focused on non-selection cases where the employee alleges that they were not selected for a position because of their race.
The virtual event was held on Jan. 17 and is part of a 2-part series with the second part taking place Jan. 24. Participating in the Jan. 17 discussion were AFGE’s Women’s and Fair Practices EEO attorneys.
Here are a few takeaways from the event:
- All races are protected from racial discrimination.
- The employee has the burden of establishing their self-identified race, there was a vacancy, they applied for it, was not selected, and the position was filled by someone who was not the same race of the employee.
- The agency’s reason for the non-selection cannot merely state that the employee was not a good fit or the selectee had more experience. For instance, interviews were be conducted and the agency must provide a specific reason for the scores that the applicants received.
- An Asian contracting officer at the General Services Administration (GSA), for example, was able to show she was clearly superior to the selectee because she had more experience. To know that your legal team needs to ask for the selectee’s resume, the rating and ranking sheets, and any other information contained in the selection package.
- A TSA officer at Raleigh Durham airport was not selected for the position of screening manager, but he appealed and won the case because the agency failed to give a clear and nondiscriminatory reason for selecting the other person.
Want to learn more about litigation strategies like these, check out the second part of the discussion on Jan. 24, which will focus on adverse actions, addressing discipline at the lowest level, and how to prove an adverse action was based on race.
Learn more about AFGE B.L.A.C.K. here.
B.L.A.C.K. is an acronym that stands for Black Leaders Advancing Change and Knowledge.