United States Third Circuit

In the context of the qualification prong of a prima facie case of discrimination under Title VII, an employer that hires someone who lacks a job posting's objective qualifications cannot point to the absence of those same qualifications in another applicant as a basis for declining to hire that second applicant.

Appellate Information

• Argued 10/04/2006
• Decided 12/19/2006
• Published 12/19/2006

Judges

• Before McKEE, AMBRO, and NYGAARD, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Neal A. Sanders, Esquire (Argued), Butler, PA, for Appellant.


• For Appellees:
  
• Thomas W. Corbett, Jr., Attorney General, Craig E. Maravich (Argued), Deputy Attorney General, Calvin R. Koons, Senior Attorney General, John Knorr, III, Chief Deputy Attorney General, Appellate Division, Office of Attorney General of Pennsylvania, Pittsburgh, PA, for Appellee.