Lexology.com
Seyfarth Shaw LLP
USA
December 14 2011
In Goncalves v. Plymouth County Sheriff’s Dep’t, the U.S. Court of Appeals for the First Circuit held that allowing an applicant to proceed through the stages of a hiring process is not an admission that the applicant was qualified for the position or similarly situated to other applicants for purposes of state and federal anti-discrimination laws.
Plaintiff Joy Goncalves was a 49 year old Cape Verdean woman who worked for the Plymouth County Sheriff’s Department and had applied for a promotion to two different information technology (IT) positions. Both positions called for an associate’s degree in a computer-related field, at least three years of relevant work experience, and three or more years of experience using certain web development and interface software. The Sheriff’s Department considered a number of applicants for each position, including two white applicants who were younger than the plaintiff. The application process involved several stages, including a panel interview and an examination that tested the applicants’ IT knowledge. Although the plaintiff was allowed to complete all stages of the application process, she scored considerably lower than the two white applicants at both the interview and the examination stages. As a result, the Sheriff’s Department hired the two white applicants rather than the plaintiff.
Full Story: http://www.lexology.com/library/detail.aspx?g=60a78dda-5435-401d-b488-082e0dcd6ddd&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2011-12-22&utm_term=
No comments:
Post a Comment