“I want to be evaluated by a different hiring manager.”
An African American submitted his résumé for a project manager position through a third-party recruiting firm. He was subsequently contacted by the recruiting firm to discuss his candidacy and to complete a required assessment for the application process.
However, by his own admission, he “immediately put the brakes on the conversation” and refused to continue with the application process, claiming that the hiring manager at the prospective employer had previously discriminated against him, and he, therefore, refused to cooperate with the application process until he was assured that the hiring manager was not involved in evaluating his candidacy.
Never Followed Through but Filed Suit Instead
His résumé was not sent to the prospective employer for consideration because of his “very poor attitude” and lack of completing the required assessment. After not being contacted by anyone, he sent an email indicating that he planned to file a legal claim for discrimination. Not long thereafter, the prospective employer contacted him via telephone to determine if there were any possible resolution between the parties. The applicant stated that there was no way of resolving the situation other than through legal action. Later, he submitted a cover letter and résumé directly to the prospective employer for another project manager position. He was asked to contact the third-party recruiter and to complete the assessment and application process. He did not follow through.
Failed to Show Genuine Interest in the Job – Not “Futile” to Follow the Normal Process
Courts have held that failure to formally apply for a job will not automatically bar a plaintiff from establishing a prima facie case for discriminatory hiring. However, if the plaintiff did not apply, he must show that he made every reasonable effort to convey his interest in the job to his employer, was deterred from applying by the employer’s discriminatory practices and would have applied for the position but for those practices. Otherwise, he must show he had a genuine and real interest in the position but reasonably believed that a formal application would be futile.
In this case, the “applicant” refused to complete the assessment the prospective employer required of its applicants even after given several opportunities to do so. Therefore, the court held that he failed to manifest any real interest in an open position by completing the company’s processes required for consideration. Case dismissed.
Reference: Murray v. Beverage Distribution Center, (3rd Cir. No. 11-1938, May 6, 2013)
