David R. Browning v. Department of the Army

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that employer's decision to weigh particular evaluation criteria more heavily than others “is simply not sufficient to demonstrate pretext”
• holding that an employer’s decision to weigh particular criteria more heavily than others “is simply not sufficient to demonstrate pretext”
• holding that a supervisor’s decision to value certain criteria higher than other criteria, such as experience, in a hiring decision cannot give rise to an inference of pretext
• holding that reliance on subjective criteria does not support an inference of discrimination absent a showing that it was used as a pretext to mask discrimination or some other link to discriminatory intent
• explaining that “what matters” is the employer’s perception of the applicant’s qualifications, and noting that this court affords “great flexibility to employers when selecting management personnel”
• noting that while all inferences are drawn in favor of the non-moving party, that party still must present some affirmative evidence supporting its position to defeat an otherwise appropriate motion for summary judgment

Source: CourtListener parenthetical corpus (CC0).