BE CAREFUL WITH JOB ADVERTISING: A recent 7th Circuit case (Wisconsin is in the 7th Circuit) is a good reminder that one should not include requirements that are not needed to perform the job in job descriptions or advertisings for job openings. A person of color was passed over by a person who was, in her view, less qualified. The person of color had a college degree and computer skills, and the person who got the job had neither. The case revolved around whether she was similarly or better qualified for the position, which would allow her to establish a prima facie case. The Court threw the case out as it concluded that neither computer skills nor a college degree were required in this position and therefore no discriminatory motive was shown. It further noted that the reasons given were not a pretext, which the Court described as “a lie, specifically a phony reason for some action,” and the “true reason was based on a discriminatory intent.” Hobbs v. City of Chicago (7th Cir. 2009)
