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Category Archives: Failure to hire

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An employer’s proffer of its own policy is not competent in itself as evidence the policy was followed.

Posted in Failure to hire, Imputing Improper Motive
“With regard to the letter, [Plaintiff]’s allegation is that he asked Chief Justice Jefferson to keep the letter confidential, not that Chief Justice Jefferson actually did so. In fact, [Defendant alleged that Chief Justice Jefferson did not answer the letter himself, establishing that the letter had not remained confidential. With regard to the disciplinary complaint,… Continue Reading

When pleading knowledge, it is enough to plead simply that the bad actor knew and this this precipitated the bad acts.

Posted in Failure to hire, Imputing Improper Motive
“[Plaintiff was not required to allege how [Defendant] knew of the letter and complaint, only that [Defendant] knew. Having done so, he has sufficiently pleaded that his letter and his disciplinary complaint precipitated [Defendant]’s allegedly untoward conduct.” Anderson, 2016 WL 6647759, at *5 (footnotes omitted).… Continue Reading

A plaintiff’s own assertions about his official job duties can plausibly establish that his actions were outside the course and scope of his job duties.

Posted in Failure to hire
“In the context of Garcetti‘s clear instruction, [Plaintiff]’s letter and disciplinary complaint were not created pursuant to his official duties. It is useful to note that [Plaintiff]’s supervisor, Vela, did not ask him, much less require him, to send the letter or to file the disciplinary complaint. [Plaintiff] expressly alleged that he did so “on… Continue Reading

In a failure to hire case, three advanced degrees; four administrative and teaching certifications; thirty-eight years of educational experience overall; twenty years of experience within the school district; and experience directly pertinent to the position in comparison to other applicants is directly probative of pretext.

Posted in Failure to hire, Pretext
“A reasonable jury could consider the strength of [Plaintiff’s] qualifications vis-à-vis the successful younger applicants as undermining the credibility of [Defendant’s] proffered hiring rationale—i.e., that the younger successful applicants were selected because they were all better qualified than her. Indeed, evidence of a plaintiff’s superior qualifications is directly probative of pretext, Patterson, 491 U.S. at… Continue Reading

Plaintiff’s stronger qualifications can by itself create pretext in a failure to hire case. No “clearly better qualified” analysis required

Posted in Failure to hire, Pretext
“A reasonable jury could consider the strength of [Plaintiff’s] qualifications vis-à-vis the successful younger applicants as undermining the credibility of [Defendant’s] proffered hiring rationale—i.e., that the younger successful applicants were selected because they were all better qualified than her. Indeed, evidence of a plaintiff’s superior qualifications is directly probative of pretext, Patterson, 491 U.S. at… Continue Reading