Abstract
You just applied for your dream job. As anticipation for a response amounts, you become overwhelmed with a sense of optimism. You know you are overqualified, yet a few days later, you receive notification that the employer is no longer considering you for the position. Despite meeting all requisite qualifications, you feel slighted. You wonder if another factor is at play. Conversely, imagine you actually get the job. You accept, and you work at the company for a few years only to one day have your boss inform you that your employer is terminating your employment. Again, you feel slighted. This seems unfair. You have been working hard in your role while consistently receiving positive feedback on work assignments. At this point, your qualifications become irrelevant, as your termination hinges entirely on something else: your job performance.
Recommended Citation
Matthew Swords,
Turning From a Hire Power: Employment Discrimination and Faulty Ninth Circuit Procedure,
89 Mo. L. Rev.
(2024)
Available at: https://scholarship.law.missouri.edu/mlr/vol89/iss2/15