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Hiring Hiccups in Discrimination Cases: When Gut Feelings Aren’t Just Gas

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n a recent decision from the United States Court of Appeals for the Seventh Circuit involving a claim of sex discrimination in hiring, the court offered some lessons for employers that may “use their gut” to decide between two qualified cand

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dates. The plaintiff, a Black woman, had a long career with the Department of Defense, rising to a GS-12 supervisor position. She applied for a newly created GS-13 supervisor role but was not selected. Instead, the position went to another candidate with extensive experience and perceived strategic thinking and leadership

skills. 1. Subjective Evaluations Can Be Legi

timate One of the

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