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Post by Dark Lord of the Sith on Feb 21, 2014 13:48:12 GMT -5
This thread may cause some consternation but what the hell. I over heard (well I was ease dropping) either OPM or SSA, I can't remember which, was concerned about the make up of the ALJ corp in that it does not even begin to represent its customers, i.e., gender, race, and foreign language abilities etc. As such, being the right gender, race, or fluent in a certain language could possibly tip the scale favorably in the case of two similarly situated candidates. I know what every law school graduate would cite...but is it possible? I recall there were adjustments to selection criteria awhile back so the ALJ corp could reach women who did not have the benefit of being in combat (vet preference) or partners in 100+ attorney law firms (kinda like getting a 5 for doing big time litigation versus 0 for being an Decision Writer).
Might I add, it seems to me that one of the polls tended to show that those of us waiting for NORs or who made it past stage two are clustered around a similiar age group.
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Post by lildavey on Feb 21, 2014 13:55:11 GMT -5
That could fairly be said of most judges -- especially in the criminal courts.
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Post by JudgeRatty on Feb 21, 2014 16:35:32 GMT -5
This thread may cause some consternation but what the hell. I over heard (well I was ease dropping) either OPM or SSA, I can't remember which, was concerned about the make up of the ALJ corp in that it does not even begin to represent its customers, i.e., gender, race, and foreign language abilities etc. As such, being the right gender, race, or fluent in a certain language could possibly tip the scale favorably in the case of two similarly situated candidates. I know what every law school graduate would cite...but is it possible? I recall there were adjustments to selection criteria awhile back so the ALJ corp could reach women who did not have the benefit of being in combat (vet preference) or partners in 100+ attorney law firms (kinda like getting a 5 for doing big time litigation versus 0 for being an Decision Writer). Might I add, it seems to me that one of the polls tended to show that those of us waiting for NORs or who made it past stage two are clustered around a similiar age group. I think the age thing is just a product of the amount of time it takes to become an attorney, get the required experience, and there you have it. For example, this is my second career (the first was as an RN) so I started law school a little later than those who had the privilege of going from HS to college, to law school. My law school class had an average age in the late 30's to early 40's. So I am not so sure the age means anything but that....time served. And frankly, I think that some degree of life experience is a good precursor to a good judicial temperament. As for the other demographics, I have no idea.
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Post by anonemouse on Feb 22, 2014 10:58:23 GMT -5
I don't think that demographics play any significant part in "tipping the scales". All ALJs (regardless of background) had to undergo the same Byzatine process. That acts as a leveling effect. Moreover, while the demographic bent of ALJs had skewed towards older white males with a military background, that is not the case any more. I would observe that many of the older ALJs that fit into the prior description are retiring, or close to it. My training class, while not a mirror reflection of today's society, was certainly not uniform in its demographics. The newer members of the ALJ corps are more reflective of society, but not because of any dictates from management or OPM. No, it's because more "diverse" candidates are coming of age with the required years of service and legal background.
I also have to provide my own example. I accepted an offer in a city where I do not fit the overall demographic trend. Viewed from a racial or age perspective, I do not "reflect the customers" in my area. Is that an issue? Not at all, because I simply don't care about those things. All I care about is the medical evidence and how it relates to the claimant's ability to work. I am also a bit younger than many other ALJs. I think that if the agency were "tipping the scales" they would try to match demographics for demographics (ALJ for the surrounding area).
The final point I would like to make is that the original post contained an element that does not depend on any inherent demographic trait: language fluency. Anybody with foreign language skills (well, let's be honest: Spanish), could gain an advantage over somebody who does not. Thus, the older white male who has Spanish fluency has an advantage over a younger non-white who is monolingual. As it happens, I am proficient, although not fluent, in Spanish. That has come into play with some of the claimants before me. Although I am not Latino, the Spanish speaking claimants felt more comfortable with me because I could communicate with them a little easier.
The upshot is that while you cannot control your gender or race, I really don't think that the agency is hiring or placing ALJs with that in mind (even as a "tipping the scale" factor). What you can control is your skill set. Translation (pun intended), practica su Espanol.
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Post by bartleby on Feb 22, 2014 11:25:34 GMT -5
We had Judges aged 38 to 70 in my class.
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Post by Loopstok on Feb 22, 2014 12:07:51 GMT -5
I attended a NOSSCR conference years ago where one of the speakers was a "coach" who helped train people for the ALJ process. He said at the time (this was a couple of registers back) that the three then-in-vogue requirements for becoming an ALJ were for the candidate to be "a female, a disabled veteran, or a blonde female". I would assume this was said at least partly in jest... but the next couple of ALJ corps hired after that presentation, did show a fair bit of diversity compared to what the corps looked like at the time of Bush v. Gore.
However, when I was in the exam room in DC this past summer (for which I'm still awaiting a score, *cough*cough*), the room was, with one exception, all male, and with one other exception, all caucasian. We ranged in age, from a visual scan, from mid 30s to early 70s, but in terms of diversity, we could have passed for a studio audience from a Grand Ole Opry concert aired on the cable TV Nashville Network back in the '80s. This board, at least, seems to be a lot more diverse than THAT.
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