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Selectivity is not necessarily discriminatory. For further reading, I recommend:

- United Steelworkers of America v. Weber, 443 US 193 (1979)

- Johnson v. VTA; 480 U.S. 616 (1987)

Thanks, these are interesting cases. However, I suspect that these both hinge of the fact that they are related to specific training and internal promotion, which (to me at least) seems like it’s easier to judge that those not selected do not have their interests “unnecessarily trammeled” (they are still employed and will have other opportunities to make progress in the organization). Curious if you know of any pertaining to the external hiring decision itself? I am not debating anything, but the nuances are interesting to me.

The references above are all that I have prepared for today, apologies.

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