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8th Circuit rejects officer's failure-to-promote sex discrimination claim

August 2020 employment law letter
Authors: 
Colin H. Hargreaves, Felhaber Larson

Because of a female candidate's poor interview performance, the Wright County (Minnesota) Sheriff's Department wasn't liable for promoting a less experienced male candidate, the U.S. 8th Circuit Court of Appeals (which covers employers in Iowa, Minnesota, Nebraska, North Dakota, and South Dakota) recently ruled.

Facts

In 1996, Amee Pribyl began working as a deputy for the Wright County Sheriff's Department. During her career, she held various positions, including working for the patrol division, the major crimes investigation unit, and the court and judicial security division.

In July 2014, Wright County posted an opening for a sergeant position in the court services department, and Pribyl applied. The job required applicants to have at least an "associate's degree in criminal justice or law enforcement; a full-time license from Minnesota Board of Peace Officer Standards and Training; a rank of 1st Grade Wright County Deputy; no criminal history; a firearms certification; and an ability to pass a medical, physical and psychological evaluation, as well as a background investigation."

The minimum qualifications (which Pribyl met) were not a high bar. According to the chief deputy, "99.9% of the people that apply for a supervisor position get the interview. If you're a deputy nowadays, you meet the minimum qualifications for sergeant."

To determine who met the qualifications, the county used a screening system called NeoGov, which provided a score for each respective candidate. However, the county claimed to use the system only as a pass/fail measure and didn't rank or rely on the scores.

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