The unanimous court ruling validates soft skills over paper qualifications
Interview performance can legally trump credentials in hiring decisions, Montana's highest court ruled, handing employers a discrimination defense win.
The Montana Supreme Court on February 17 reversed a lower court decision that had awarded damages to two female recreation therapists who alleged sex discrimination after their hospital hired a male colleague for a management position. The ruling reinstates the original finding that Montana State Hospital made its hiring decision based on legitimate business reasons.
The case centers on a 2021 hiring decision for a Treatment Rehabilitation Manager position that went to Trent Martin over Lauren Difolco and Sherry Spear, both recreation therapists with bachelor's degrees and relevant experience. Martin had neither the degree nor the background in recreation therapy. He had worked as a missionary, managed a U-Haul facility, and served as a wilderness program instructor before joining the hospital in May 2020 as a recreational services aide. He was promoted to recreation therapist seven months later, then applied for the management role in July 2021.
When the hospital posted an opening for Treatment Rehabilitation Manager, the job description seemed straightforward enough. It required a bachelor's degree in rehabilitation therapy or a related field, four years of management experience in a psychiatric setting, and preferably certification as a...
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