Mama Says Knock You Out: Supreme Court Slaps Down Eleventh Circuit's Pretext Standard

The United States Supreme Court today in the per curiam decision of Ash v. Tyson Foods, 546 U.S. xx (Feb. 21, 2006), made abundantly clear that it did not approve of the Eleventh Circuit "slap you in the face" standard for determining pretext in Title VII McDonnell Douglas cases involving superior qualifications.

The Eleventh Cicuit had previously held that: "“Pretext can be established through comparing qualifications only when ‘the disparity in qualifications is so apparent as virtually to jump off the page and slap you in the face."’ ”See Cooper v. Southern Co., 390 F. 3d 695, 732 (11th Cir. 2004).

Not so said an emphatic Supreme Court: "Under this Court’s decisions, qualifications evidence
may suffice, at least in some circumstances, to show pretext."

But this is by far my favorite part of the Court's decision (love to know who wrote it):

The visual image of words jumping off the page to slap you (presumably a court) in the face is unhelpful and imprecise as an elaboration of the standard for inferring
pretext from superior qualifications.

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It suffices to say here that some formulation other than the test the Court of Appeals articulated in this case would better ensure that trial courts reach consistent results.

Of equal note is the fact that the Supreme Court's decision suggests that the McDonnell Douglas pretext case is alive and well even in light of the Court's recent mixed-motive Desert Palace decision.

Hat Tip: CompanyCounselor

PS