How should employers document selection criteria? The 6th Circuit Court of Appeals recently upheld an employer’s use of a matrix of job-related criteria in its effort to determine which applicant was best qualified for an open position. Browning v. Dept. of the Army (6th Cir. 1/19/2006). Browning was among six individuals who applied for the position of Explosives and Handler Supervisor at the Blue Grass Army Depot. Using a matrix of five criteria drawn from the job description for the position that were deemed necessary to perform the job, the hiring manager selected the applicant with the highest total score. When he was not chosen, Browning filed a charge of age discrimination with the U.S. Equal Employment Opportunity Commission (EEOC).

The Use of the Word 'Boy' May Be A Racial Epithet and Used As Proof of Racial Bias

On February 21, 2006, the United States Supreme Court ruled in Ash v. Tyson Foods, Inc. that the word "boy," without any words modifying it, can be a racial epithet depending on the context, inflection, tone of voice, local custom, and historical usage.

The case arose when two African-American superintendents at a poultry plant operated by Tyson Foods sought promotions to shift manager, but two white males were selected instead. The Tyson plant manager who made the disputed promotion decisions had referred on some occasions to each of the two African-American superintendents as "boy."

Internet overtakes all traditional hiring sources including newspaper classified ads, which now only account for 5% of new hires. According to a survey released Feb. 9, 2006 by DirectEmployers Association, the Internet has become the top source for employment leads.

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