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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).

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