In the case of Hughes v. Youngstown State Univ., Ct. of Cl. No. 2017-00458JD, 2020-Ohio-611, the Ohio Court of Claims held that not considering a job applicant after interviewees were already selected is a legitimate, non-discriminatory reason to defeat a claim of discrimination.
In this case, an African American qualified applicant applied to a university job and was not selected. The African American applicant sued the university for race discrimination asserting that a less qualified White applicant received the job. The university responded by arguing that the African American applicant did not receive the job because he applied after the university had already selected interviewees.
The Court of Claims held that not considering the African American applicant because he applied after interviewees had already been selected was a legitimate, non-discriminatory reason because all applicants who applied after interviewees were selected were also not considered.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always changing like the Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.