CASE PROCESSING PROCEDURES; COMPLAINT – Issuance of Complaint

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1103.00000 – CASE PROCESSING PROCEDURES; COMPLAINT
1103.02000 – Issuance of Complaint

Material factual disputes as to the employer’s motive or motives in not promoting an employee who had engaged in protected activity required resolution at a formal hearing. Among other issues, at hearing the parties would be able to contest evidentiary items such as an organizational chart allegedly showing pre-interview bias, as well as any evidence regarding the relative skills, experience, references, or interview performances of the interviewees. The weight of the overall record would ultimately determine the import of these and other factors. (pp. 23-25.)