Fifth Circuit Addresses Job Candidate Qualification Issues
// Dallas, Texas, United States // Attorney Keith Clouse // Keith Clouse
The Fifth Circuit Court of Appeals recently opined in a national origin discrimination case. Martinez v. Tex. Workforce Comm’n, No. 14-50391 (5th Cir. Dec. 30, 2014), available at http://www.ca5.uscourts.gov/opinions/pub/14/14-50391-CV0.pdf.
The employee alleged that his employer discriminated against him because of his national origin in violation of federal law when the employer appointed a white woman to a management position instead of him. The employer defended the matter by claiming that the woman was the more qualified candidate. The trial court granted summary judgment for the employer, and the employee appealed.
On appeal, the Court focused on whether the employee produced sufficient evidence to suggest that the employer’s reasons for promoting the woman were pretext for discrimination. To do so, the employee had to demonstrate that he was “clearly better qualified” and that the candidates’ qualifications were so widely disparate that no reasonable employer would have made the same decision. The employee alleged that he was substantially more qualified for the position because he had: (1) more supervisory experience, (2) higher-level experience, (3) more years in a particular role, and (4) more education. The Court concluded, however, that the employee did not prove that he was clearly better qualified than the other candidate. The Court affirmed the summary judgment.
This article is presented by the Dallas employment attorneys at Clouse Dunn LLP. To speak to an employment lawyer about a workplace legal issue, send an email to debra@clousedunn.com or call (214) 239-2705.
Contact Keith Clouse
KEITH A. CLOUSE
Clouse Dunn LLP
214.220.2722 214.220.3833 ( fax) keith@clousedunn.com
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