Federal appellate panel holds that active reserve officers did not have a property interest in being promoted to regular, full-time employment. Garzella v. Borough of Dunmore, #07-2247, 2008 U.S. App. Lexis 11050 (Unpub. 3rd Cir.).
     Fifth Circuit affirms the dismissal of an ADEA action brought by a 49-year-old rejected police applicant. He gave unacceptable answers to hypothetical police scenarios and appeared unable to logically process information. Joseph v. City of Dallas, #07-11235, 2008 U.S. App. Lexis 9742 (Unpub. 5th Cir.).
     New York court orders city officials to reconsider the status of a rejected applicant for an urban park ranger/ special police position. Although he had an arrest record and one conviction, he had submitted a "certificate of relief from disabilities" for the conviction. The applicant was entitled to a presumption of rehabilitation and the city did not consider the enumerated factors in Correction Law §753. Matter of Langston v. City of New York, #116083/06, 2008 N.Y. Misc. Lexis 706 (N.Y. Co. Sup.).
     Temporary corrections officers that were promised permanent employment lacked legally enforceable rights. They did not have a constitutionally-protected property interest in the promised jobs. Aguilera v. Negron, #06-2467, 2007 U.S. App. Lexis 28032 (1st Cir.).
     Ninth Circuit affirms dismissal of a suit filed by a rejected police applicant that failed a psychological evaluation that cited her stubborn nature and impulsivity. The appellate panel enforced a pre-employment waiver of legal rights "for any acts, or omissions in the course of the investigation into background, employment history, health, family, personal habits and suitability for employment ..." The waiver was not effective against another claim that she was rejected because she had filed an EEOC complaint against a neighboring city. Nilsson v. City of Mesa, #05-15627, 503 F.3d 947, 2007 U.S. App. Lexis 21912, 101 FEP Cases (BNA) 901, 19 AD Cases 1418 (9th Cir.).
     Appellate court dismisses the appeal of a police applicant that was rejected because his polygraph examination indicated deception concerning his involvement with illegal drugs and narcotics. Management did not act irrationally or arbitrarily in relying on the results of their own polygraph test as well as a secondary review conducted by the Vermont state police. Mullen v. County of Suffolk, #2006-03220, 2007 N.Y. App. Div. Lexis 9671 (3rd Dept.).
     Withdrawal of a job offer is not a due process violation, Williams v. Doyle, #06-C-686-C, 2007 U.S. Dist. Lexis 40119 (W.D. Wis.).
     Although a transit authority's policy of not hiring persons convicted of violent crimes has a disparate impact on African Americans and Hispanics, data from the Dept. of Justice showed high rates of recidivism, and a reasonable juror would find that the employer's rejection policy was consistent with business necessity and is lawful. El v. S.E. Penna. Transp. Auth., #05-3857, 2007 U.S. App. Lexis 6297 (3rd Cir.).
     Federal court rejects a breach of contract claim against a town and the fire chief for not hiring the plaintiff as a fulltime firefighter, because the chief lacked hiring authority. However, it is another question if the fire chief made a promise to recommend the plaintiff for hiring, breached that promise, and the plaintiff reasonably relied on it. Mailloux v. Town of Littleton, #05-10762, 2007 U.S. Dist. Lexis 3750 (D. Mass. 2007). [N/R]
     Federal court sustains the rejection of a police dispatcher applicant. She refused to submit documentation of a claim that she made against a prior employer. Masso v. Miami-Dade Co., #06-20904, 2006 U.S. Dist. Lexis 89600 (S.D. Fla. 2006). [N/R]
     Federal court upholds the rejection of a black state trooper applicant who had an expunged record for theft. Foxworth v. Penn. State Police, #03-CV-6795, 402 F.Supp.2d 523, 2005 U.S. Dist. Lexis 30136, 97 FEP Cases (BNA) 505 (E.D. Pa.). {N/R}
     Black applicant for the Pennsylvania State Police, who was rejected because of an expunged criminal conviction, loses his for race discrimination claim. Management's refusal to hire him because of a theft of $4,000 six years earlier was a legitimate reason for rejection. Foxworth v. Pennsylvania State Police, #03-CV-6795, 2005 U.S. Dist. Lexis 33639 (E.D. Pa. 2005). {N/R}
     A contract employee, seeking a government security clearance, is not an "applicant for employment" and is not entitled to a right to appeal to the Merit Systems Protection Board. Thompson v. Merit Sys. Prot. Bd., #5-3122, 421 F.3d 1336, 2005 U.S. App. Lexis 18257 (Fed Cir. 2005). {N/R}
     Illinois appellate court upholds a personnel board decision to remove an applicant from the police eligibility list because of prior criminal conduct. Although the applicant's guilty plea and disposition were subsequently expunged, a police board can still consider the underlying behavior.Sroga v. Personnel Bd. of Chicago, #1-03-1879, 833 N.E.2d 1001, 23 IER Cases (BNA) 495, 2005 Ill. App. Lexis 744 (2005). {N/R}
     Federal appeals court upholds the right of a corrections dept. to refuse to rehire an employee that was previously fired for unacceptable work performance. The refusal was for a valid reason, and not because she had challenged her prior termination. Perry v. Alabama Dept. of Corr., #04-15054, 2005 U.S. App. Lexis 7926 (Unpub. 11th Cir. 2005). {N/R}
     Under Illinois law, the tort of wrongful refusal to hire is not recognized. Griggs v. Marion Hosp. Corp., #2004-CV-4241, 2005 U.S. Dist. Lexis 7701, 2005 WL 975238 (S.D. Ill. 2005). {N/R}
     N.Y. appellate court affirms the rejection of a police officer applicant who tested positive for barbiturates, a controlled substance. Police agencies have wide discretion to determining the fitness of candidates, particularly police officers. Stephens v. Suffolk County, #2003-10030, 15 A.D.3d 589, 789 N.Y.S.2d 740, 2005 N.Y. App. Div. Lexis 1852 (2d Dept. 2005). {N/R}
     Federal court in Iowa rejects a pre-employment strength test that disqualified a disproportionate number of women. The fact that the test may have significantly reduced worker injuries was an insufficient justification for its use. EEOC v. Dial Corp., #3-02-CV-10109, 2005 U.S. Dist. Lexis 1965 (D. Iowa 2005). [2005 FP May]
     Applicant Rejections Job applicant loses his civil rights suit against a city council that blocked his hiring after he pushed a pie into the face of a state senator, to protest a highway project. Greenberg v. City of St. Paul, #02-3283, 2003 U.S. App. Lexis 9777 (8th Cir. 2003). {N/R}
     Federal appeals court affirms the dismissal of an age discrimination suit brought by a rejected police applicant. The reason he was not selected was high blood pressure; therefore, he was not medically qualified for appointment. Tyler v. D.C. Metro. Police, #02-7112, 2003 U.S. App. Lexis 2687 (Unpub. D.C. Cir. 2003). {N/R}
     A former police officer was not temperamentally disqualified from reemployment under the Veterans' Reemployment Rights Act. Lapine v. Town of Wellesley, #01-2054, 304 F.3d 90, 2002 U.S. App. Lexis 18172, 170 LRRM (BNA) 2965 (1st Cir. 2002). {N/R}
     Pennsylvania state court dismisses a suit by an applicant, whose acceptance to the police academy was rescinded before he entered because of immature conduct during an alleged altercation with his wife. He lacked a vested property interest in the appointment and was not entitled to hearing before being disqualified. Snisky v. Penna State Police, #1653 C.D. 2001, 799 A.2d 961, 2002 Pa. Commw. Lexis 439 (Pa. Commw. 2002). {N/R}
     An employer's refusal to rehire former employees because of pension liability does not violate §510 of the Employee Retirement and Income Security Act (ERISA) 29 U.S. Code §1140. Becker v. Mack, #00-4414, 2002 U.S. App. Lexis 2622 (3d Cir. 2002). [N/R]
     Federal appeals court dismisses a suit filed by a NYPD applicant who was rejected as psychologically unfit. Johnson v. N. Y. City Police Dept., #01-7247, 2001 U.S. App. Lexis 26167 (Unpublished, 2nd Cir.). [2002 FP Feb]
     U.S. Office of Personnel Management issues Rule on Personnel Suitability. 5 C.F.R. Part 731; 65 (250) Fed. Reg. 82239- 46 (Dec. 28, 2000). [2001 FP 19]
     Illinois Supreme Court holds that a hiring decision of a unit of local government need not include a notice of the right to administrative review. Carver v. Nall, 186 Ill.2d 554, 714 N.E.2d 486 (1999). {N/R}
     U.S. Office of Personnel Management issues Rule on Personnel Suitability, establishing determination criteria, debarment, procedural requirements, and MSPB appeals. 5 C.F.R. Part 731; 65 (250) Fed. Reg. 82239-46 (Dec. 28, 2000). {N/R}
     Federal appeals court affirms the rejection of a police applicant who scored too high on the Wonderlic entry exam. Jordan v. City of New London, 2000 U.S. App. Lexis 22195 (2nd Cir. 8/23/2000). [2000 FP 147]
     Federal judge refuses to dismiss a hiring discrimination lawsuit naming the city and a psychologist. The plaintiff claimed the evaluation was a pretext for national origin and pregnancy discrimination. Boyd v. Albany, #99-CV-1487, 2000 U.S. Dist. Lexis 8489 (N.D.N.Y.). [2000 FP 131]
     Federal court declines to annul a Chicago Police policy of not hiring applicants with an arrest record. Plaintiff failed to prove the city has racial disparities in its police hiring. Watkins v. Chicago, 1999 U.S. Dist. Lexis 17180 (N.D. Ill.); prior ruling reported at 992 F.Supp. 971, 1998 U.S. Dist. Lexis 963. [2000 FP 19]
     Federal court dismisses a lawsuit by a police applicant who was "too smart" for the job. Although it may be unwise to reject persons who score high on an IQ exam, is not a denial of any federally-protected rights. Jordan v. City of New London, 1999 U.S.Dist. Lexis 14289, 15 IER Cases (BNA) 919 (D. Conn.). [1999 FP 163]
     California Atty. Gen. rules that a convicted felon can serve as a fire chief. Atty. Gen. Opin. # 99-320, 99 Cal.Dly.Opin.Serv. 6224. [1999 FP 147]
     Federal court refuses to dismiss a civil rights suit claiming Chicago Police discrimination against African-American applicants. She was rejected because of a felony arrest, without a conviction. Watkins v. City of Chicago, 1998 U.S. Dist. Lexis 963, 992 F.Supp. 971 (N.D.Ill.). [1999 FP 3]
     City lawfully rejected a police applicant who had falsified information given officers in a matter 8 years earlier. The prior conduct indicated poor impulse control and impacted on her reputation for truthfulness. Cambridge (City of) v. Civ. Serv. Cmsn., 682 N.E.2d 923 (Mass.App. 1997). {N/R}
     City sued for rejecting a police applicant who scored too high on the pre-employment intelligence test. Jordan v. City of New London, 5/30/97 Chi.D.L.Bul. 19 (D.Conn.). [1997 FP 99]
     Federal appeals court affirms the rejection of a woman firefighter applicant who suffers from PTSD as a result of a rape 12 years earlier. The city's psychologist found that she would not adjust to group living situations. Jachyra v. City of Southfield, #95-1009, 1996 U.S. App. Lexis 2528 (6th Cir.). {N/R}
     New Jersey legislature passes a bill which criminalizes employment discrimination on the basis of genetic test results. New Jersey Genetic Privacy Act (456:4401); the bill was signed 11/19/96. Other states (as of 12/96) with genetic bias legislation are: California (453:2961), Florida (454:271), Iowa (454:6427), Louisiana (455:1431), New Hampshire (456:3201), New York (456:6361), Oregon (457:4101), Rhode Island (457:7891) and Wisc. (458:8661) {references are to BNA's FEP Manual}. [1996 FP 131-2]
     Illinois rejects a suit in mandamus challenging psychological screening procedures. Only remedy is an administrative appeal. Burgess v. Bd. Fire & Police Cmsnrs., 655 N.E.2d 1157, 275 Ill.App. 718 (1995). [1996 FP 76]
     Indiana appellate court rules that a person convicted of misdemeanor obstruction of justice was not automatically disqualified from service as a police commissioner. Good moral character, unless defined, suggests that the "inquiry is fact-sensitive and should be conducted in light of the office for which the candidate seeks." Barnes v. Clayton, 624 N.E.2d 24 (Ind.App. 1993). {N/R}
     Applicant for deputy sheriff position lacked a legally protected property interest to place on the certification list. Rinard v. Polk County, 516 N.W.2d 822 (Iowa 1994). {N/R}
     State police properly rejected an applicant who had "egotistical character traits" because it was probable he would have difficulty in getting along with other officers. Roulette v. St. Hum Rts. Cmsn., 628 N.E.2d 967 (Ill.App. 1993). {N/R}
     Revised FBI emplmt. guidelines ease prohibition against former drug users. 32 (1556) G.E.R.R. (BNA) 345 (3/7/94). [1994 FP 87]
     Penn. appeals court overturns the rejection of a state police candidate who was disqualified for DUI, without considering mitigating factors in the applicant's favor. Bloomfield v. Pa. St. Police, 624 A.2d 683 (Pa.Cmwlth. 1993). [1994 FP 35]
     Courts should not intervene if a city declines to hire a police applicant and no Writ of Mandamus is available. Applicant must pursue his administrative remedies and appeals directly with the agency that has declined him. Schickedanz v. City of O'Fallon, 618 N.E.2d 1289, 1993 Ill.App. Lexis 1278. {N/R}
     NJ appellate court allows public safety agencies to consider arrest records not followed by a conviction, but a rejection of an applicant should be based on articulable factors. Tharpe v. City of Newark Police, 261 N.J.Super. 401, 619 A.2d 228 (1992). [1993 FP 131]
     Pennsylvania appellate court requires state police to offer an adversarial due process hearing before rejecting applicants. Kovalchik v. Penn. State Police, 613 A.2d 150 (Pa.Cmwlth. 1992). [1993 FP 67]
     Illinois law prohibits employment discrimination against those who use alcohol or smoke while off-duty. Ill. Rev. Stat. Ch. 48, Sec. 2851-2870 (Eff. 7/1/92). [1992 FP 51-2]
     County could demote a veteran deputy sheriff to a non-sworn position because of an expunged felony record. Adams v. Co. of Sacramento, 1 Cal.Rptr.2d 138 (App. 1991). [1992 FP 52]
     Male police officer applicant could maintain a Federal civil rights action for his rejection, because he was an unmarried custodial parent of two young children. Gardner v. Westchester Co. Dept. Pub. Sfty., 53 FEP Cases (BNA) 435 (S.D.N.Y. 1988)
     Utah holds that state may not consider expunged convictions when determining eligibility for peace officer certification. Doe v. Utah Dept. of Public Safety, 782 P.2d 489 (Utah, 1989).
     Florida P.O.S.T. may consider prior criminal behavior of fully pardoned ex-felon. Whether a pardoned offender should be certified as a peace officer should be decided on a case-by-case basis. Sandlin v. Criminal Justice Std. & Trng. Cmsn., 531 So.2d 1344 (Fla. 1988).
     Police typist, rejected as police officer, entitled to wages from time of discrimination to judgment, plus consideration for "front pay" of lifetime earnings loss (estimated at $346,800). Thorne v. City of El Segundo, 802 F.2d 1131 (9th Cir. 1986).
     Pardoned felon not entitled to police employment. Dixon v. Mullen, 527 F.Supp. 711 (N.D. Tex. 1981).
     Federal court concludes that rejected applicant entitled to a hearing to refute veracity of derogatory background data. Doe v. U.S. Civil Service Cmsn., 483 F.Supp. 539 (S.D.N.Y. 1980).
     Philadelphia consent decree prohibits rejection for sexual preferences, bastardy and immorality. Rothmiller v. City of Philadelphia, G.E.R.R. 875:28 (E.D. Pa. 1980).
     Wisconsin Supreme Court holds that rejected applicants are not entitled to a review hearing. Taplick v. City of Madison Personnel Board, 293 N.W. 173 (Wis. 1980).
     Pennsylvania court upholds right of ex-felons to seek public employment generally, but holding has limited application to police and fire positions. Hunter v. Port Authority of Allegheny Co., 419 A.2d 631 (Pa. Sup'r 1980).
     New York appellate court rules that public entity is not required to grant a hearing to a rejected applicant. Shedlock v. Connelie, 414 N.Y.S.2d 55 (A.D. 1979).
     Failure to rehire former officer was not a denial of his civil rights; hearing not required. Fielder v. City of Richmond, 468 F.Supp. 1119 (E.D. Va. 1979).
     Wisconsin appellate court rules a rejected applicant has a constitutional right of review if local civil service laws create a reasonable expectation of employment consideration. Taplick v. City of Madison Personnel Board, 280 N.W.2d 301 (Wis. App. 1979).
     Federal court in Philadelphia orders city to employ former drug addicts. Davis v. Bucher, 451 F.Supp. 791, 17 FEP Cases 918 (E.D. Pa. 1978).
     Federal appeals court bans employment practice that automatically disqualifies convicted felons, 4 to 3. Green v. Missouri Pacific Railroad Co., 523 F.2d 1290, reh. den. (8th Cir. 1975).
     City's policy excluding candidates from public employment because of arrest records outlawed discriminatory. City of Cairo v. Fair Empl. Prac. Cmsn., 315 N.E.2d 344 (Ill.App. 1974).
     Federal regulations on criminal history privacy revised; fire department access for employment purposes eased. C.F.R. Tit. 28, Ch. 1, part 20; 41 Fed. Reg. 11714, per 42 U.S. Code Sec. 3701 et seq. (Mar. 19, 1976).

     See also: Alcohol and Drug Abuse; Background Investigations, Back Pay Claims; Certification Procedures; Handicap/ Abilities Discrimination; Physical Fitness Tests and Standards; Race Discrimination; Sex Discrimination.