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No application on file, no failure-to-hire claim

by on
in Discrimination and Harassment,Hiring,Human Resources

People who want a job must actually apply for it before they can allege they weren’t hired for discriminatory reasons.

It’s easy to prove someone didn’t apply. Simply post job openings and retain all applications.

Recent case: Diane Phillips, who is black, disabled, Christian and almost 60 years old, enrolled in a private for-profit university to earn an advanced business degree. While there, she claims she spoke with administrators about adjunct teaching opportunities. They told Phillips the first step was to submit her résumé online and then look for open positions.

She submitted her résumé but never applied for a specific opening. Two years later, she sued, alleging discrimination based on all her protected classifications.

The court tossed her case. Since she hadn’t applied for a specific job, she couldn’t claim discrimination. (Phillips v. Argosy University, No. 09-6836, ND IL, 2012)

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