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Think You Are the Most Qualified Candidate? That Might Get You In the Door...But Getting An Interview Is Not Guaranteed


McKay v. Board of Trustees of Community College - United States District Court, District of Connecticut


Facts:  Robert McKay ("McKay") applied for a "Career Specialist" position at Quinebaug Valley Community College but was not selected for an interview.  Instead, several male and female candidates were chosen to interview.  McKay subsequently filed suit and alleged that he had been discriminated against on the basis of his gender.  The Board of Trustees of Community Colleges ("the Board"), the defendant in this case, filed a motion for summary judgment.

Holding:  The District Court recognized that for McKay to prevail (or at least survive summary judgment), he would have to establish:  1) he is a member of a protected class; 2) he was qualified for the job that he applied; 3) he was denied the job; and 4) the denial occurred under circumstances taht give rise to an inference of invidious discrimination.  If McKay can establish those four factors, the burden then shifts to the Board to demonstrate a nondiscriminatory reason for its decision not to interview him.  Assuming that occurs, McKay must then establish evidence sufficient to permit a rational fact finder to find that the Board's proffered reason is pretext for intentional discrimination.

The Court got straight to the point and noted that assuming McKay could meet his initial burden, the Board had established a nondiscriminatory reason for its decision to not interview him for the position.  McKay had failed to answer questions on his employment application in regard to whether he had been involuntarily terminated within the past 10 years and whether he had been convicted of a criminal offense.  (No other applicants had failed to answer these questions.)  As well, McKay's resume was apparently outdated as his most recent job listing was from 1973.  In addition, McKay failed to provide evidence of his information technology skills nor did he discuss how his background met the minimum qualifications for the job.

While McKay argued he was more qualified than the women that the Board chose to hire, the Court pointed out that there is no legal requirement that the most qualified candidate be hired.

Judgment:  The District Court granted the Board's motion for summary judgment and held that McKay could not establish that he had been discriminated against when he did not receive an invitation to interview for an open position, as his belief that he was "more qualified" than the applicants chosen had no legal merit.

The Takeaway:  Interesting case, huh?  Although it is quite short with limited facts, I think it provides a good reminder:  Just because an applicant believes they are the most qualified candidate does not necessarily mean a discrimination claim arises when that applicant does not get hired (or interviewed).  As always, every jurisdiction is different...but as this District Court in Connecticut pointed out, the belief that a qualified individual is "entitled" to an interview does not mean liability exists when the potential employer declines to interview them.  As well, this case pointed out that McKay had several shortcomings in the lead up to a potential interview (namely the lack of recent job experience, failing to respond to questions on the application, not having relevant experience in IT, etc.) that also doomed his claim.

Majority Opinion Judge:  Judge Eginton

Date:  September 28, 2017

Opinion:  https://ecf.ctd.uscourts.gov/cgi-bin/show_public_doc?2013cv0851-111

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