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Company's Failure to Select Supervisor for New Position is not Discrimination, according to Hawaii Judge

Published Thursday, January 31, 2013 3:04 pm



U.S. District Court Judge Leslie Kobayashi ruled on January 23, 2013 that Whole Foods Market did not discriminate against a store operations supervisor in failing to select him for a new position during a corporate reorganization. The complaint alleged that the company's selection of a younger, female applicant constituted discrimination on the basis of age and sex. In granting the company's motion for summary judgment, Judge Kobayashi concluded that Whole Foods had legitimate business reasons for the selection decision. There was significant evidence that the applicants were similarly qualified, each applicant had the same opportunity to prepare for their interviews, any preparation assistance that the selected applicant received was based on friendship rather than her age or sex, and the selected applicant performed markedly better than the plaintiff during her interview. Read more.

 

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