Subjective factors can override objective measures in employment decisions

Employers often struggle with balancing objective standards against subjective ones in making employment decisions. Using a carefully constructed and well-documented process can be of enormous importance. A recent case from the U.S. 8th Circuit Court of Appeals (which covers Arkansas employers) illustrates the principle.

Facts

Amee Pribyl began working for the Wright County (Minnesota) Sheriff's Department in September 1996. In 2014, she applied to be a sergeant in the department's court services division. At the time, she had a bachelor's degree, a master's degree, and more than 20 years of law enforcement experience, including several years working in the court security division.

Pribyl didn’t receive the promotion. Instead, Drew Scherber, who had an associate's degree and less law enforcement experience than Pribyl, was selected.

Objective test

The sergeant selection process consisted of three parts. Part one required all applicants to apply through NeoGov, a software program used to screen applicants. It was relied on to determine whether an officer met the minimum qualifications required for the sergeant position: