Originally Posted by
pilotmunk
You are saying it's not. Why not? You guys keep bringing emotions in to it. It's not about that.
A. Burden of proof requirement is not an argument pro or against. It's merely a statement that one would need to prove the claim. Sure, absolutely. But at any rate, let's say it has been proven beyond reasonable doubt. For the sake of the argument.
B. Fair point except I deliberately excluded from my hypothetical example any other factors as they are unknown and therefore subjective. But to make it clearer, let's say the sum of all unknown factors/points in each individual's application is equal.
So same question. Let's even go further in order to isolate ourselves from any prejudice of our knowledge of how the airline recruitment process works. Let's consider two applicants in some OTHER industry. Same known facts: one younger but less experienced, the other older but more experienced. Both have been pursuing this opportunity for equal amount of time, updating applications with equal frequency. All unknown factors cancel each other out. The younger applicant got an interview, the older applicant did not. (Hired or not is irrelevant). Ageism or not?
What you describe here (and in your earlier example) is a prima facie case of age discrimination. But that's all it is. The burden then shifts to the employer to demonstrate a non-discriminatory reason for the decision -- which is the key step to the analysis.