Donald I. McKay v. U.S. Department of Transportation

How courts have described this case

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

• holding that a panel’s composition alone is insufficient to demonstrate pretext absent some evidence sufficient to infer it was composed with a discriminatory intent
• explaining that probative evidence that an employer's hiring process was a sham can create a genuine issue as to whether the nondiscriminatory reason was pretextual
• deeming employer's justification legitimate and nondiscriminatory where it selected an arguably less qualified candidate due to her \superior communication skills evidenced in an interview process\
• upholding summary judgment where the hiring decision was made based on the candidate with the best interview
• finding summaries of interviews with former employees was double hearsay and not to be considered by the appellate court under Fed. R. Civ. P. 56(e)
• “Lacking probative evidence that the interview process was a sham or that Thomson was the real decisionmaker, McKay failed to introduce evidence creating a genuine issue whether this nondiscriminatory reason was pretextual.”

Source: CourtListener parenthetical corpus (CC0).