Background
Hua Jiang applied for a superintendent position at the City of Tulsa water treatment plant. Although he met the degree requirements, he was rejected in favor of a younger white applicant without a bachelor’s degree. After Jiang reported the discrepancy, the City redid the hiring process without the degree requirement, yet the same candidate was hired. Jiang sued alleging discrimination based on race, age, and national origin, claiming the City’s stated reason was pretext.
The court’s reasoning
The panel denied the petition for rehearing en banc without issuing a substantive opinion on the merits. The dissent argues that the McDonnell Douglas framework’s focus on pretext at the summary judgment stage improperly shifts the inquiry from whether there is a genuine issue for trial to which party’s evidence to believe.
The dissent
I believe that McDonnell Douglas’s fixation on pretext is especially problematic in cases like this one, where the facts presented at summary judgment make the case close enough to go to a jury.
Eid
What it means going forward
The district court’s grant of summary judgment to the City stands.