Recent case: Lamonica, who is black, was one of 96 qualified candidates for a job opening. She got to phase two of the process, but was not one of the final 19. She sued, alleging that she had been discriminated against during the second phase interview.
But notes indicated Lamonica faltered in answering two questions and that everyone got the same questions. She couldn’t show she was clearly more qualified than the final candidates and lost the case. (Cross v. New Jersey, No. 14-2998, 3rd Cir., 2015)