Employment Law: Race Discrimination-Failure to Hire-Qualifications for Position

Staff Report//August 13, 2019//

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Plaintiff filed suit against the Department of the Army, alleging race discrimination in its failure to hire him to a temporary or permanent position as a chemical-equipment repairer. The district court granted the Secretary of the Army summary judgment over plaintiff’s argument that the fact that he was more qualified than some of the white candidates for the position created a genuine issue of material fact.

Where the hiring officer based his decision on prioritizing candidates with mechanical experience, and plaintiff failed to demonstrate this reason was pretextual, the district court correctly granted summary judgment.

Judgment is affirmed.

Farver v. McCarthy (MLW No. 73685/Case No. 18-2789 – 7 pages) (U.S. Court of Appeals, 8th Circuit, Grasz, J.) Appealed from U.S. District Court, Eastern District of Arkansas, Holmes, J. (Shawn Garrick Childs of Little Rock, AR for appellant) (Jamie Goss Dempsey, AUSA, of Little Rock, AR for appellee)

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