Less Qualified Applicant Selected Based Upon Race June 23, 2022 An employee was told her position was being eliminated but she could apply for another position to be eligible for a promotion. The investigation found substantial evidence of discrimination when it revealed her qualifications exceeded the requirements of the position, and she had been approved for hire by human resources, yet the new director selected another applicant of a different race who had less experience and poor references. The complainant signed a separate settlement agreement with the employer, which included an agreement to dismiss her complaint. The Executive Director substituted as the Complainant to pursue public policy goals of training and for the employer to adopt an effective non-discrimination policy. Upon Respondent completing training requirements in a different matter, the file will be closed.