AND · 42usc2000e-2:qualified
Doctrinal element from McDonnell Douglas Corp. v. Green (411 U.S. 792, 802 (1973)), ruling out lack of baseline job qualification as the most common non-discriminatory reason for non-selection or discharge.
Exact element source
to fail or refuse to hire or to discharge any individualSource:
docroot/ir/usc/title42.jsonl#title42_sec2000e-2; Unicode character offsets [128:184] (end exclusive); SHA-256 7b026a9ac957c5491602d868578271db8730b4c98650f1a4007b2e7430194c8b.All variants
| Variant | Description | Merits instance blocks | Distinct cases | Example cases (up to 3 per group) |
|---|---|---|---|---|
| legitimate-expectations/subjective-institutional-fit-after-labor-dispute | 1 Satisfied 0; not satisfied 1; excluded context 0 | 1 | /f-supp/604/1450-01 — United States District Court for the Middle District of North Carolina · 1985 — not | |
| prima-facie/satisfactory-record-before-new-supervisors | 1 Satisfied 1; not satisfied 0; excluded context 0 | 1 | /us/509/0502-01 — Supreme Court of the United States · 1993 — satisfied | |
| qualified | Objective qualifications for the position or satisfactory performance meeting the employer's legitimate expectations | 0 Satisfied 0; not satisfied 0; excluded context 0 | 0 | No annotation uses in this snapshot |
| qualified/long-tenure-in-position | 1 Satisfied 1; not satisfied 0; excluded context 0 | 1 | /f-supp/962/1447-01 — United States District Court for the Southern District of Alabama · 1997 — satisfied | |
| qualified/recently-promoted | 1 Satisfied 1; not satisfied 0; excluded context 0 | 1 | /f-supp-2d/832/0539-01 — United States District Court for the Eastern District of Pennsylvania · 2011 — satisfied | |
| qualified/undisputed | 1 Satisfied 1; not satisfied 0; excluded context 0 | 1 | /f3d/527/0358-01 — United States Court of Appeals for the Third Circuit · 2008 — satisfied | |
| Unspecified variant | No variant assigned in the database. | 0 Satisfied 0; not satisfied 0; excluded context 2 | 0 | No counted merits examples Excluded context examples: /f-supp-2d/477/0041-01 — United States District Court for the District of Columbia · 2007 — applied/merits; /f3d/858/1307-01 — United States Court of Appeals for the Tenth Circuit · 2017 — applied/merits |
How courts decided this element
| Case | Element | Holding and scope | Variant | Exact source quotations |
|---|---|---|---|---|
| /f-supp-2d/477/0041-01 — United States District Court for the District of Columbia · 2007 | Qualified for the position / meeting legitimate employer expectations | not_reached Excluded from merits counts applied / merits claim: (a)(1); 2000e-3(a) | Unspecified variant | No source quotation recorded for this block. |
| /f-supp-2d/832/0539-01 — United States District Court for the Eastern District of Pennsylvania · 2011 | Qualified for the position / meeting legitimate employer expectations | satisfied Counted merits instance applied / merits basis: conceded; claim: (a)(1) | qualified/recently-promoted | Mirth subsequently recommended Glenn for a CDI position, and Hazeldine promoted Glenn to the position effective January 21, 2008.Source: docroot/ir/caselaw/f_supp_2d_832.jsonl#/f-supp-2d/832/0539-01; Unicode character offsets [3940:4069] (end exclusive); SHA-256 ad682cd3ab80d3bbd67d0ed1b42af8b4626a1b1756981872f0895f0ffadff61f.For purposes of the summary judgment motion, Glenn has satisfied the first three steps of his prima facie case — he is a member of a protected class, is qualified for his Customer Delivery Inspector position, and was discharged from that position by Raymours.Source: docroot/ir/caselaw/f_supp_2d_832.jsonl#/f-supp-2d/832/0539-01; Unicode character offsets [20738:20997] (end exclusive); SHA-256 ad682cd3ab80d3bbd67d0ed1b42af8b4626a1b1756981872f0895f0ffadff61f. |
| /f-supp/604/1450-01 — United States District Court for the Middle District of North Carolina · 1985 | Qualified for the position / meeting legitimate employer expectations | not Counted merits instance applied / merits basis: proved; claim: (a) Credentials were "outstanding"; the element fails on the performance/expectations limb, defined by the employer's sincere but subjective view that the professors no longer served its community mission. Court calls this the hardest question in the case. The third fact is mixed: its first sentence (criticisms not objectively proved) supports the element, its second (the president's conviction was sincere) is what the court relies on; tagged by the court's use. | legitimate-expectations/subjective-institutional-fit-after-labor-dispute | For years Turner and Goetzman were two of the top professors at BSC. Their credentials relative to the other faculty members were outstanding, and they earned the respect and admiration of students, faculty, and administration.Source: docroot/ir/caselaw/f_supp_604.jsonl#/f-supp/604/1450-01; Unicode character offsets [20104:20331] (end exclusive); SHA-256 43ff772c2e3fbfe3210fd8995743b1d10c89d6d34fc9ed5d5ad773f37cb94da8.Because of these and other tensions between administration and faculty, Turner and Goetzman became deeply involved in attempts to unionize the BSC faculty. The attempt failed, and thereafter relations between the two professors and the administration were strained.Source: docroot/ir/caselaw/f_supp_604.jsonl#/f-supp/604/1450-01; Unicode character offsets [20671:20936] (end exclusive); SHA-256 43ff772c2e3fbfe3210fd8995743b1d10c89d6d34fc9ed5d5ad773f37cb94da8.At trial BSC failed to prove by objective evidence that these criticisms were well founded. However, at least as concerned President McLean, the conviction that Turner and Goetzman were not fulfilling their proper roles in the BSC community was sincere, even if highly subjective.Source: docroot/ir/caselaw/f_supp_604.jsonl#/f-supp/604/1450-01; Unicode character offsets [22989:23269] (end exclusive); SHA-256 43ff772c2e3fbfe3210fd8995743b1d10c89d6d34fc9ed5d5ad773f37cb94da8.It is clear that after the contract and labor disputes of 1978-1979, Turner and Goetzman became aloof from that community and diverted from that goal.Source: docroot/ir/caselaw/f_supp_604.jsonl#/f-supp/604/1450-01; Unicode character offsets [24296:24446] (end exclusive); SHA-256 43ff772c2e3fbfe3210fd8995743b1d10c89d6d34fc9ed5d5ad773f37cb94da8.Although both were clearly well qualified for the job, a question arises whether near the end of their tenures (used in the nontechnical sense of the word) at BSC, Turner and Goetzman were performing satisfactorily according to the legitimate expectations of BSC.Source: docroot/ir/caselaw/f_supp_604.jsonl#/f-supp/604/1450-01; Unicode character offsets [19779:20042] (end exclusive); SHA-256 43ff772c2e3fbfe3210fd8995743b1d10c89d6d34fc9ed5d5ad773f37cb94da8.In determining whether Turner and Goetzman were satisfying BSC’s legitimate expectations, the Court is constrained to give great credence to President McLean’s articulation of what those expectations are.Source: docroot/ir/caselaw/f_supp_604.jsonl#/f-supp/604/1450-01; Unicode character offsets [23828:24032] (end exclusive); SHA-256 43ff772c2e3fbfe3210fd8995743b1d10c89d6d34fc9ed5d5ad773f37cb94da8.Thus, the Court is unable to conclude that, at the time they were fired, Turner and Goetzman were fulfilling the legitimate expectations of BSC, and is unable to infer from the evidence that race was a determining factor in the decision to discharge them.Source: docroot/ir/caselaw/f_supp_604.jsonl#/f-supp/604/1450-01; Unicode character offsets [25715:25970] (end exclusive); SHA-256 43ff772c2e3fbfe3210fd8995743b1d10c89d6d34fc9ed5d5ad773f37cb94da8. |
| /f-supp/962/1447-01 — United States District Court for the Southern District of Alabama · 1997 | Qualified for the position / meeting legitimate employer expectations | satisfied Counted merits instance applied / merits basis: conceded; claim: (a)(1),(c)(3),(m); 2000e(j); 2000e-3(a) | qualified/long-tenure-in-position | he became a Plant Control Operator in May, 1982. He remained a Plant Control Operator, a part of the Operations Department, until he was terminated on July 24,1991.Source: docroot/ir/caselaw/f_supp_962.jsonl#/f-supp/962/1447-01; Unicode character offsets [4848:5012] (end exclusive); SHA-256 c9d3cf4a8e3b5373cb13844fbe0d43429324dce0876d20c5fdba3f4d459c1acf.Breech has satisfied the first three elements of a prima facie case of discriminatory discharge.Source: docroot/ir/caselaw/f_supp_962.jsonl#/f-supp/962/1447-01; Unicode character offsets [31799:31895] (end exclusive); SHA-256 c9d3cf4a8e3b5373cb13844fbe0d43429324dce0876d20c5fdba3f4d459c1acf. |
| /f3d/527/0358-01 — United States Court of Appeals for the Third Circuit · 2008 | Qualified for the position / meeting legitimate employer expectations | satisfied Counted merits instance applied / merits basis: conceded; claim: (a); 2000e(k) | qualified/undisputed | Neither party disputes that Doe has met her burden on the first three elements of a prima facie pregnancy discrimination case: 1) she is or was pregnant and that her employer knew she was pregnant; 2) she was qualified for her job; and, 3) she suffered an adverse employment decision.Source: docroot/ir/caselaw/f3d_527.jsonl#/f3d/527/0358-01; Unicode character offsets [13825:14109] (end exclusive); SHA-256 7403bc10d85e1df0ad37ec6894b9137591d0949906c59e93cb1365fcf01b44bb. |
| /f3d/858/1307-01 — United States Court of Appeals for the Tenth Circuit · 2017 | Qualified for the position / meeting legitimate employer expectations | not_reached Excluded from merits counts applied / merits claim: (a)(1); 2000e-3(a) | Unspecified variant | No source quotation recorded for this block. |
| /us/509/0502-01 — Supreme Court of the United States · 1993 | Qualified for the position / meeting legitimate employer expectations | satisfied Counted merits instance applied / merits basis: conceded; claim: (a)(1); party: plaintiff Melvin Hicks, shift commander (respondent); subject: party=plaintiff Melvin Hicks, shift commander (respondent) | prima-facie/satisfactory-record-before-new-supervisors | Prior to these personnel changes respondent had enjoyed a satisfactory employment record, but soon thereafter became the subject of repeated, and increasingly severe, disciplinary actions.Source: docroot/ir/caselaw/us_509.jsonl#/us/509/0502-01; Unicode character offsets [1056:1244] (end exclusive); SHA-256 f6ba1643673c63e64401ed4ea3db1f6647ecf24cb97fdf31426b87eb7aa43ab3. |
Court interpretations
interpretation
In establishing the third element of his prima facie case, Glenn need only show that he was discharged from a position for which he was qualified.
In establishing the third element of his prima facie case, Glenn need only show that he was discharged from a position for which he was qualified.Source:
docroot/ir/caselaw/f_supp_2d_832.jsonl#/f-supp-2d/832/0539-01; Unicode character offsets [40819:40965] (end exclusive); SHA-256 ad682cd3ab80d3bbd67d0ed1b42af8b4626a1b1756981872f0895f0ffadff61f.Doctrinal element from McDonnell Douglas Corp. v. Green (411 U.S. 792, 802 (1973)), ruling out lack of baseline job qualification as the most common non-discriminatory reason for non-selection or discharge.
interpretation
Although both were clearly well qualified for the job, a question arises whether near the end of their tenures (used in the nontechnical sense of the word) at BSC, Turner and Goetzman were performing satisfactorily according to the legitimate expectations of BSC.
/f-supp/604/1450-01 — United States District Court for the Middle District of North Carolina · 1985
Although both were clearly well qualified for the job, a question arises whether near the end of their tenures (used in the nontechnical sense of the word) at BSC, Turner and Goetzman were performing satisfactorily according to the legitimate expectations of BSC.Source:
docroot/ir/caselaw/f_supp_604.jsonl#/f-supp/604/1450-01; Unicode character offsets [19779:20042] (end exclusive); SHA-256 43ff772c2e3fbfe3210fd8995743b1d10c89d6d34fc9ed5d5ad773f37cb94da8.Doctrinal element from McDonnell Douglas Corp. v. Green (411 U.S. 792, 802 (1973)), ruling out lack of baseline job qualification as the most common non-discriminatory reason for non-selection or discharge.
interpretation
In determining whether Turner and Goetzman were satisfying BSC’s legitimate expectations, the Court is constrained to give great credence to President McLean’s articulation of what those expectations are.
/f-supp/604/1450-01 — United States District Court for the Middle District of North Carolina · 1985
In determining whether Turner and Goetzman were satisfying BSC’s legitimate expectations, the Court is constrained to give great credence to President McLean’s articulation of what those expectations are.Source:
docroot/ir/caselaw/f_supp_604.jsonl#/f-supp/604/1450-01; Unicode character offsets [23828:24032] (end exclusive); SHA-256 43ff772c2e3fbfe3210fd8995743b1d10c89d6d34fc9ed5d5ad773f37cb94da8.Doctrinal element from McDonnell Douglas Corp. v. Green (411 U.S. 792, 802 (1973)), ruling out lack of baseline job qualification as the most common non-discriminatory reason for non-selection or discharge.