Courts rarely second-guess hiring decisions as long as they are based on objective, reasonable factors, backed with documentation.
Recent case: Tammie, who is Black, was a nurse for the Department of Veterans Affairs. She applied for a promotion for which she was qualified. Following interviews, the job was initially offered to a white woman, who turned it down. Then it was next offered to another Black woman, who accepted.
Tammie sued for race discrimination, claiming she should have received the first job offer because the interview team said her interview was the best one. The VA argued that because it ultimately chose another Black candidate, it could not have discriminated.
The court said Tammie might have prevailed if she had proved her qualifications were superior to those of the white candidate. However, the white candidate had a management certificate and 15 more years of experience than Tammie. In fact, Tammie had less experience than any of the candidates.
The court tossed out Tammie’s lawsuit, noting that HR had told the hiring team to consider all relevant qualifications, not just who scored highest on the interview. It called that a reasonable and objective approach it would not second-guess. (Terrell v. VA, 11th Cir., 2024)