Section 97.16. Consideration of certified eligibles

Appointing authorities may conduct interviews or otherwise assess relative suitability for appointment of certified eligibles, but the assessments must be based on job-related criteria and be conducted in accordance with standards established by the Director.

The provisions of this § 97.16 adopted March 29, 1985, effective March 30, 1985, 15 Pa.B. 1151.

Notation

Notes of Decisions

Discrimination Cannot be Inferred

Discrimination in nonselection for promotion cannot be inferred. There must be affirmative factual support to sustain the allegations. Price v. Luzerne, 672 A.2d 409 (Pa. Cmwlth. 1996); appeal denied 688 A.2d 174 (Pa. 1997).

General Comment

The Commission has authorized the use of interviews to determine suitability for promotion. Price v. Luzerne/Wyoming Counties Area Agency on Aging, 672 A.2d 409 (Pa. Cmwlth. 1996); appeal denied 688 A.2d 174 (Pa. 1997).

Interview Appropriate

An agency’s reliance upon an interview wherein candidates for promotion to Clerk Typist 3 were questioned about job-related criteria did not result in ‘‘technical’’ discrimination against one of the candidates in violation of section 905.1 of the Civil Service Act (71 P. S. § 741.905.1). Price v. Luzerne/Wyoming Counties Area Agency on Aging, 672 A.2d 409 (Pa. Cmwlth. 1996).

Interviews

Clearly, this regulation authorizes the use of interviews to determine suitability for promotion. Price v. Luzerne, 672 A.2d 409 (Pa. Cmwlth. 1996); appeal denied 688 A.2d 174 (Pa. 1997).