EMPLOYER DISCRIMINATION; ADVERSE ACTIONS – Blacklisting; Hire; Refusal to Recommend

Single Topic for Decision 1484S

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Charging party failed to establish he was a bona fide applicant for a vacant civil service position within the meaning of Section 3519(a). Charging party failed to state a prima facie case because there is no evidence he suffered an adverse action, an essential element of a prima facie case of discrimination in hiring. Charging party offered no evidence he submitted an application for employment, interviewed, competed in any way for a civil service position, or was on an eligibility list. Additionally, no evidence was presented to show that any of the state agencies were in a hiring mode or had jobs available or that other applicants were hired in place of charging party.