Moore v. Sec’y United States Dep’t of Homeland Sec., No. 17-1188, 2017 U.S. App. LEXIS 26094 (3d Cir. Dec. 21, 2017)

The introduction of a writing assessment into an application process is not per se discriminatory under Title VII of the Civil Rights Act of 1964.

On appeal from a grant of summary judgment, the Third Circuit Court of Appeals affirmed the decision of the District Court, granting judgment in favor of the defendant on the plaintiff’s claims of race and gender discrimination and retaliation under Title VII of the Civil Rights Act of 1964.

Analyzing plaintiff’s claims under the burden-shifting framework set forth in McDonnell Douglas, the Court held that the plaintiff failed to establish a prima facie case of race or gender discrimination. The plaintiff, an employee of the Department of Homeland Security (DHS) Immigration and Customs Enforcement, brought claims against the defendant, the one-time Secretary of DHS, after she was not selected for a promotion to Deportation Officer (DO). The plaintiff claimed that the multi-step application process, which included a resume assessment and a timed writing test, was designed to discriminate against her. In support of her discrimination claim, she argued that the fact that the writing assessment had never been used before she applied for the promotion supported an inference of unlawful discrimination. The court held that the novelty of the writing test did not advance the plaintiff’s case because the defendant established that writing was a critical skill for DOs to possess, which had previously not been fully examined during the hiring process.

The opinion highlights the importance of well-reasoned support for the implementation of employment assessments.

 

Case Law Alerts, 2nd Quarter, April 2018

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