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Tuesday, May 12, 2015

Reduce Lawsuit Hiring Risk by Listing Minimum Job Qualifications


A school district advertised for a principal job and listed minimum requirements, including a teaching certificate. John, who is black, sued for race bias when he wasn’t considered for the position. The case was dismissed because all the applicants interviewed had the certificate. However, John did not. (Saulsberry v. Minneapolis Public Schools, Court of Appeals of Minn.)

In Saulsberry the Minnesota Court of Appeals reasoned that, "Saulsberry presented no evidence that the school district accepted into the pools any applicants who lacked a standard K-12 teaching license (an essential qualification Saulsberry lacks) or applicants younger than Saulsberry or of a different race. He therefore failed to meet his burden of proof and summary judgment against him is mandatory."

For a full copy of the decision click HERE

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