Legal Memorandum: Subjective Hiring Criteria and Discrimination

Issue: Under the case law of the Ninth Circuit, is the existence of subjective hiring criteria relevant to the question of pretext in an employment discrimination case?

Area of Law: Employee Law
Keywords: Employment discrimination case; Subjective hiring criteria; Discriminatory intent
Jurisdiction: Federal
Cited Cases: None
Cited Statutes: None
Date: 11/01/2005

It is well-settled Ninth Circuit law that subjective hiring or promotional criteria can mask a discriminatory intent behind the employer’s proffered reason for failing to promote the plaintiff that another candidate was more qualified.  EEOC v. Inland Marine Indus., 729 F.2d 1229 (9th Cir. 1984).


Subscribe to Litigation Pathfinder

To get the full-text of this Legal Memorandum ... and more!

(Month-to-month and annual subscriptions available)