Eleventh Circuit Rules No Discrimination If Hiring Officials Didn’t Know Applicant’s Race

December 13, 2023

What's New

The U.S. Court of Appeals for the Eleventh Circuit ruled in a non-precedential opinion in Tolley v. Mercer University that a white applicant for a professorship failed to prove race discrimination because he could not show that the university officials who rejected his application knew his race. Employment discrimination is about actual knowledge and real intent, not constructive knowledge and assumed intent, the appeals court said.

What It Means

Although the Eleventh Circuit’s ruling in this case is not precedential, the ruling serves as a useful reminder for employers who are trying to diversify their workforce without running afoul of discrimination laws or attracting discrimination lawsuits that they may be wise to withhold information about job applicants’ race and gender from recruiters and search committees in the early stages of the talent acquisition process.

What You Should Do

Employers could ensure that the process used to fill their job openings does not inform the people winnowing applicants in the early stages about the applicants’ race and gender.

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Eleventh Circuit Rules No Discrimination If Hiring Officials Didn’t Know Applicant’s Race

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