200475:false:false:false:false:false:false:false:false:false:!:false:-1:-1

For a failure to hire claim to survive a motion to dismiss, the complaint must allege that (1) Plaintiff is a member of a protected class; (2) he applied for and was qualified for an open position; (3) he was rejected for the position; and (4) the position was filled with a person not in the protected class who had similar or lesser qualifications than the plaintiff.

Contributed in February 2011 by Piper Hoffman

Last edited in April 2011 by Nicholas Diamand

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