THE SLAP-IN-THE-FACE STANDARD AND EMPLOYER PRETEXT: PLACING LIMITS ON COURT EVALUATION OF EMPLOYEE QUALIFICATIONS

ROBERT K. ROBINSON
GERALYN MCCLURE FRANKLIN
WALTER D. DAVIS

---

DOI: 10.2190/P7TV-U7BM-DWAW-NVA6

Abstract

This article discusses and evaluates the standard that has developed in at least five Circuit Courts of Appeal to resolve disputes between employers and employees (or applicants) over qualifications for specific jobs. The standard has become popularly known as the "slap-in-the-face" standard. Following this approach, courts operate under the assumption that, absent clear proof to the contrary, the employer is better suited to evaluate candidate qualifications than the courts, thereby removing the courts from the position of being an ad hoc personnel committee.

---

This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License.