10.2190/P7TV-U7BM-DWAW-NVA6 P7TVU7BMDWAWNVA6 141 THE SLAP-IN-THE-FACE STANDARD AND EMPLOYER PRETEXT: PLACING LIMITS ON COURT EVALUATION OF EMPLOYEE QUALIFICATIONS 141 150 20050427 20050427 20050427 20050427 P7TVU7BMDWAWNVA6.pdf http://baywood.metapress.com/link.asp?target=contribution&id=P7TVU7BMDWAWNVA6 2 ROBERT K. ROBINSON GERALYN MCCLURE FRANKLIN WALTER D. DAVIS The University of Mississippi The University of Texas of the Permian Basin The University of Mississippi 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.