An employer in Mississippi will face trial on a claim of race discrimination because it has not explained the interview scores two candidates received.  In Calvin v. MS Dept. Rehab. Servs., Civil No. 3:15-CV-827-HTW-LRA (S.D. Miss. May 4, 2017), the plaintiff claimed he was denied a promotion because of his race.  He claimed he had more relevant experience than the Caucasian candidate; the employer asserted that the other candidate had scored better in the interviews and that the plaintiff could not prove otherwise.  On the employer’s motion for summary judgment, the court ruled that the employer had not articulated a non-discriminatory reason for the employment action, because the employer had not explained the interview scores. The plaintiff also contended the questions themselves were designed to favor the other candidate, without regard for the duties of the position at stake.

The case is a warning for all employers. Having an “interview” does not cover underlying discrimination.  Consider the job-relatedness of the questions and train the interviewers on scoring.