Skip to main content
  • Personal
  • Business
  • Foundation
    Close
  • Select Region

      Select your region below to see curated info.

    • Global
    • India
    • MENA
  • Welcome, {{name}}
    Non-Member
    {{membership}} Membership Ends {{expiration_date}}
    MySHRM Dashboard
    • Sign In
    • accountSettings Account Settings
    • Customer Support Customer Support
    • Sign Out Sign Out
    HR is Evolving Fast!

    That’s why 340,000 HR pros and 95% of the Fortune 500 turn to SHRM for expert-backed guidance, tools, and trusted answers.

    Become a Member
    • accountSettings Account Settings
    • memberSupport Member Support
    • Sign Out Sign Out
SHRM
  • Membership
    • Membership

      As a SHRM Member®, you’ll pave the path of your success with invaluable resources, world-class educational opportunities and premier events.

      Membership Tiers
      • Professional
      • Student
      • Global
      • Executive
      • Business
      Membership Benefits
  • Learning
    • Certification

      Validate your skills with the gold standard in HR

      • About SHRM Certification
      • Exam Preparation
      • Recertification
      • Apply for Certification Now
      Education Programs

      Expert-led training for real workplace change

      • Sprint Sessions
      • eLearning
      • Essentials of HR
      • Seminars
      Specialty Credentials

      Go deep in your niche. Stand out in your field.

      • AI + HI Specialty Credential
      • People Manager Qualification (PMQ)
      • See All
      Executive Voices

      Bring our experts to your stage.

  • Attend
    • Events

      Demonstrate your ability to apply HR principles to real-life situations.

      • All Things Work 2026
      • BLUEPRINT 2026
      • HR-X Live!
      • LEAP Employment Law Conference
      • Linkage Institute 2026
      • Skills Accelerator 2026
      • Talent 2027
      • The AI+HI Project 2027
      State Conferences

      Attend a SHRM state event to network with other HR professionals and learn more about the future of work.

      Seminars

      Stand out from among your HR peers with the skills obtained from a SHRM Seminar.

      Webinars

      Learn live and on demand. Earn PDCs and gain immediate insights into the latest HR trends.

  • Resources
    • News & Insights

      The latest HR news, legal updates, and leadership perspectives.

      • Latest HR News
      • Legal & Compliance News
      • Executive Insights
      • Flagship Podcasts
      HR Research

      Data-driven insights and benchmarks to guide smarter decisions.

      • Latest Research
      • HR Benchmarking
      • State of the Workplace
      • HR-X Framework
      Tools & Guides

      Practical resources to help you move from insight to action faster.

      • How-To Guides
      • Interactive Tools
      • Job Descriptions
      • Templates
      • Center for Inclusion & Diversity
      HR Topics
      • AI in the Workplace
      • Civility at Work
      • Inclusion & Diversity
      • Recruiting
      • Total Rewards
  • Community
    • Find a SHRM Chapter

      Easily find a local professional or student chapter in your area.

      • SHRM Northern California
      SHRM Connect

      Post polls, get crowdsourced answers to your questions and network with other HR professionals online.

      Membership Councils

      Learn about SHRM's five regional councils and the Membership Advisory Council (MAC).

      Volunteers

      Learn about volunteer opportunities with SHRM.

      HR Tools Marketplace
      • Partner Products
  • Shop
    • SHRM Store

      Shop for HR certifications, credentials, learning, events, merchandise and more.

      Workplace Essentials
      • SHRM Memberships
      • SHRM Certification
      • Specialty Credentials
      • HR Tools & Tech
      Education
      • Seminars
      • eLearning
      • Books
      • AI Sprint sessions
      Merchandise
      • Accessories
      • Apparel
      • Office & Home
Become a Member
Renew
Rejoin Now
Renew
Ask an HR Advisor
Close
  • Personal
  • Business
  • Foundation
  • Membership
    back
    Membership
    • Membership

      As a SHRM Member®, you’ll pave the path of your success with invaluable resources, world-class educational opportunities and premier events.

      Membership Tiers
      • Professional
      • Student
      • Global
      • Executive
      • Business
      Membership Benefits
  • Learning
    back
    Learning
    • Certification

      Validate your skills with the gold standard in HR

      • About SHRM Certification
      • Exam Preparation
      • Recertification
      • Apply for Certification Now
      Education Programs

      Expert-led training for real workplace change

      • Sprint Sessions
      • eLearning
      • Essentials of HR
      • Seminars
      Specialty Credentials

      Go deep in your niche. Stand out in your field.

      • AI + HI Specialty Credential
      • People Manager Qualification (PMQ)
      • See All
      Executive Voices

      Bring our experts to your stage.

  • Attend
    back
    Attend
    • Events

      Demonstrate your ability to apply HR principles to real-life situations.

      • All Things Work 2026
      • BLUEPRINT 2026
      • HR-X Live!
      • LEAP Employment Law Conference
      • Linkage Institute 2026
      • Skills Accelerator 2026
      • Talent 2027
      • The AI+HI Project 2027
      State Conferences

      Attend a SHRM state event to network with other HR professionals and learn more about the future of work.

      Seminars

      Stand out from among your HR peers with the skills obtained from a SHRM Seminar.

      Webinars

      Learn live and on demand. Earn PDCs and gain immediate insights into the latest HR trends.

  • Resources
    back
    Resources
    • News & Insights

      The latest HR news, legal updates, and leadership perspectives.

      • Latest HR News
      • Legal & Compliance News
      • Executive Insights
      • Flagship Podcasts
      HR Research

      Data-driven insights and benchmarks to guide smarter decisions.

      • Latest Research
      • HR Benchmarking
      • State of the Workplace
      • HR-X Framework
      Tools & Guides

      Practical resources to help you move from insight to action faster.

      • How-To Guides
      • Interactive Tools
      • Job Descriptions
      • Templates
      • Center for Inclusion & Diversity
      HR Topics
      • AI in the Workplace
      • Civility at Work
      • Inclusion & Diversity
      • Recruiting
      • Total Rewards
  • Community
    back
    Community
    • Find a SHRM Chapter

      Easily find a local professional or student chapter in your area.

      • SHRM Northern California
      SHRM Connect

      Post polls, get crowdsourced answers to your questions and network with other HR professionals online.

      Membership Councils

      Learn about SHRM's five regional councils and the Membership Advisory Council (MAC).

      Volunteers

      Learn about volunteer opportunities with SHRM.

      HR Tools Marketplace
      • Partner Products
  • Shop
    back
    Shop
    • SHRM Store

      Shop for HR certifications, credentials, learning, events, merchandise and more.

      Workplace Essentials
      • SHRM Memberships
      • SHRM Certification
      • Specialty Credentials
      • HR Tools & Tech
      Education
      • Seminars
      • eLearning
      • Books
      • AI Sprint sessions
      Merchandise
      • Accessories
      • Apparel
      • Office & Home
Become a Member
Renew
Rejoin Now
Renew
Ask an HR Advisor
  • Select Region

      Select your region below to see curated info.

    • Global
    • India
    • MENA
SHRM
mySHRM Login
  • MySHRM
    • Dashboard
    • Account
    • Logout
Close

  1. Topics & Tools
  2. Employment Law & Compliance
  3. Practice of Substituting Experience for Some Education Upheld
Share
  • Linked In
  • Facebook
  • Twitter
  • Email

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Vivamus convallis sem tellus, vitae egestas felis vestibule ut.


Error message details.

Copy button
Reuse Permissions

Request permission to republish or redistribute SHRM content and materials.


Learn More
Court Report

Practice of Substituting Experience for Some Education Upheld

June 4, 2026 | Rosemarie Lally, J.D.

A judge with a gavel.

Takeaway: The court resisted substituting its judgment for that of the employer, stating twice that its role is to protect against unlawful discrimination, not to verify that employment decisions are wise, fair, or correct. Nonetheless, employers can reduce the likelihood of discrimination claims by making sure their actual employment practices, particularly in hiring, conform to their written policies.

An appeals court upheld a city-run water-treatment plant’s decision to hire a younger, white man who did not meet education qualifications in the plant’s original written policy over a minority applicant with an advanced degree. The 10th U.S. Circuit Court of Appeals found the plaintiff failed to prove his race and age discrimination claims when the revised education requirements matched the actual hiring practice of substituting experience for some education.

Toolkit: Managing Equal Employment Opportunity 

A Chinese-born senior engineer at a city water-treatment plant and two younger, white men had applied for the position of superintendent of the water department. The hiring process had a two-step procedure. First, the HR director had to certify that the applicants were qualified for the position and then the hiring manager would decide whom to hire from the certified applicants.

In this case, the hiring manager convened a three-person panel to interview and evaluate the candidates. The panel unanimously ranked one of the younger applicants, an operations manager who oversaw multiple employees and had served as a squad leader in the National Guard while deployed in Afghanistan, as having the best mix of technical knowledge and leadership experience. That man was hired.

The senior engineer, who held a Ph.D. in engineering but had no supervisory experience, complained to the city’s HR department of race and age discrimination. He asserted that the HR director shouldn’t have certified the other two applicants as neither met the job’s written requirement concerning education: a bachelor’s degree in engineering technology, environmental/biological science, or a related field. Although the city’s written policy generally permitted substituting experience for education, it did not allow such substitution for positions requiring a specific degree. The grievance was denied and the senior engineer appealed to the city’s civil service commission.

The civil service commission agreed with the plaintiff and instructed the city to “go back and follow” its policies. In response, the city rewrote the position’s education requirements, removing the degree requirement and providing a new formula for substituting experience for education: applicants with 60 hours of college credit and seven years of relevant experience would be treated as if they had 120 hours of college credit. Under the new requirements, both of the younger men qualified as applicants since they each had at least 60 hours of college credit and the requisite supervisory experience.

Newsletter: Subscribe to SHRM Workplace Compliance news

The HR director averred that the new job description reflected the city’s “consistent past practice” of allowing the substitution of experience for education if an applicant met at least half of the position’s education requirement. Contemporaneous emails show that HR employees believed this to be the policy at the time.

After the city reposted the position with the new requirements, all three men reapplied, a new evaluation panel was convened, and the same man was chosen again for the position. 

The senior engineer sued the city for race discrimination under Title VII of the Civil Rights Act of 1964 and age discrimination under the Age Discrimination in Employment Act as well as retaliation under those statutes. 

The district court held that the plaintiff had not shown that the city’s legitimate explanations for hiring someone else were pretextual and granted summary judgment for the city. 

Toolkit: Unlocking the Benefits of Employing Older Workers

On appeal, the 10th Circuit applied the McDonnell Douglas burden-shifting framework to the plaintiff’s claims: 1) the employee makes a prima facie case of discrimination, or the employer wins; 2) the employer offers a legitimate, nondiscriminatory reason for the adverse employment action, or the employee wins; and 3) the employee identifies facts that could allow a jury to find each of the employer’s legitimate reasons pretextual, or the employer wins.

“Pretext is where our analysis begins and ends,” the appellate court said. “At summary judgment, an employer’s justification is pretextual if it is so incoherent, weak, inconsistent, or contradictory that a reasonable jury could find it unworthy of belief.” When deciding whether an explanation is pretextual, the court noted that it considers the facts from the decision-maker’s point of view.

“We then ask whether the decision-maker honestly believed her nondiscriminatory reasons for hiring someone else. And that’s all we ask — not whether the hiring decision was wise, fair, or correct,” the court said.

Reviewing the plaintiff’s first charge of procedural irregularities — the HR department’s initial certification of the two younger, white men even though neither qualified for the job under the city’s written policies — the court found that the plaintiff failed to establish that the officials’ explanation was pretextual. The plaintiff didn’t contradict the city’s evidence that it regularly substituted experience for education, even for jobs requiring a specific degree, nor did he contradict evidence that the HR director had previously certified a treatment-plant supervisor who hadn’t met the degree requirement.

As for the second procedural irregularity — rewriting the job’s requirements to qualify the other two applicants — the 10th Circuit noted that “the city revised the position and restarted the entire hiring process rather than retroactively justifying a facially unqualified candidate.” The court found that removing the degree requirement didn’t undermine the city’s explanation that it wanted a candidate with both technical knowledge and leadership experience. “Without more, the procedural irregularities here aren’t enough to show pretext,” the court held.

Turning to the plaintiff’s assertion that the interview process was so subjective that it revealed pretext, the court said that for a hiring rationale to be so opaque as to hide “unspoken discriminatory input,” the “criteria on which the employers ultimately rely must be entirely subjective.” This situation, in which the evaluators explained their impressions and graded all candidates using the same criteria, doesn’t support pretext, the court said.

In response to the plaintiff’s argument that not being hired despite his superior educational qualifications could allow a jury to find pretext, the court said that the city wanted both technical qualifications and leadership. “[W]e don’t permit cherry-picking some qualifications over others,” the 10th Circuit said.

Finally, the plaintiff’s retaliation claim failed because he did not show pretext. According to the HR director, “The city changed the education requirement to reflect the previous practice of the city… [a]nd as we explained, the plaintiff never contradicted this legitimate explanation,” the court concluded, affirming the district court’s judgment on all claims.

Jiang v. City of Tulsa, 10th Cir., No. 25-5097 (March 17, 2026).

Rosemarie Lally, J.D., is a freelance legal writer based in Washington, D.C. 

Recruiting
Recruiting Strategy

Was this resource helpful?

Leave Feedback

SHRM-CP Promo Image
Validate your HR expertise

Earning your SHRM-CP credential makes you a recognized expert and leader in the HR field.

Get Certified


Related Content

(opens in a new tab)
News
Leveraging Mobile Technologies to Engage a Distributed Workforce

Transform HR with mobile technology to streamline workflows, enhance communication, and boost employee engagement across distributed teams.

Two young colleagues working together at modern office
(opens in a new tab)
News
Performance-Based Assessments Beat Knowledge Tests in Evaluating Employee Learning

A new study found that talent development practitioners believe performance-based assessments are more effective at measuring employee learning outcomes than knowledge tests.

(opens in a new tab)
News
How AI Is Redesigning, Not Replacing, HR and Other Jobs

As AI makes deeper inroads into organizations, employee concerns about the technology continue to grow. Here's how HR leaders can address the fear of AI among their own staff, as well as in the wider organization.

HR Daily Newsletter

Stay up to date with the latest HR news, trends, and expert advice each business day.

Success title

Success caption

Manage Subscriptions
Our Brands

SHRM Foundation Logo
SHRM Executive Network Logo
CEO Academy Logo
SHRM Business Logo
SHRM Linkage Logo
SHRM Labs
Overview

  • About SHRM
  • Careers at SHRM
  • Press Room
  • Contact SHRM
  • Post an HR Job
SHRM Named to Newsweek's 2026 America's Top Online Learning Provider List
Advocacy

  • SHRM Advocacy
  • Federal Policies
  • State Affairs
  • Global Policy
  • Take Action
  • SHRM E2 Initiative
Brand Partnership

  • Partnership Opportunities
  • Advertise with Us
  • Exhibit & Sponsorship
  • Recertification Providers
  • Book a Speaker
Member Resources

  • Ask an HR Advisor
  • SHRM Newsletters
  • SHRM Flagships
  • Topics & Tools
  • Find an HR Job
  • Vendor Directory

© 2026 SHRM. All Rights Reserved
SHRM provides content as a service to its readers and members. It does not offer legal advice, and cannot guarantee the accuracy or suitability of its content for a particular purpose. Disclaimer

Follow Us

  • LinkedIn
  • Facebook
  • Twitter
  • Instagram
  • YouTube
Feedback

  1. Your Privacy Choices

  2. Terms of Use

  3. Accessibility

  4. Privacy Policy

Join SHRM for Exclusive Access to Professional Content

SHRM Members enjoy unlimited access to articles and exclusive professional content resources.

membership icon image

Unlimited Resources:
Grow your knowledge across core and emerging topics

membership icon image

Access to Advisors:
Make informed decisions quickly with expert-backed direction

membership icon image

Industry-Trusted Research:
Use data and insights leaders actually care about

View Member Benefits Guide

Already a member? Login
Free Article

Login to unlock unlimited access or join SHRM today to get unlimited access to articles and member-exclusive resources.

Already a member? Login
Limit Reached

You've reached the limit of 2 free articles this month. Join to access unlimited articles and member-only resources.

Already a member? Login
Free Article

Login to unlock unlimited access or join SHRM today to get unlimited access articles and member-exclusive resources.

Already a member? Login
Limit Reached

You've reached the limit of 2 free articles this month. Join the Executive Network and enjoy unlimited content.

Already a member? Login
Unlock Your Career with SHRM Membership

Please enjoy this free resource! Join SHRM for unlimited access to exclusive articles and tools.

Already a member? Login
Join SHRM for Exclusive Access to Professional Premium Content

SHRM Members enjoy unlimited access to articles and exclusive professional premium resources.

Already a member? Login
Join SHRM for Exclusive Access to Student Content

SHRM Members enjoy unlimited access to articles and exclusive member resources.

Already a member? Login
Join SHRM for Exclusive Access to Executive Network Content

SHRM member enjoys unlimited access to articles and exclusive executive member resources.

Already a member? Login
Join SHRM for Exclusive Access to Enterprise Content

SHRM Members enjoy unlimited access to articles and exclusive member resources.

Already a member? Login
Join SHRM for Exclusive Access to Enterprise Content

SHRM Members enjoy unlimited access to articles and exclusive member resources.

Already a member? Login
Join SHRM for Exclusive Access to Enterprise Content

SHRM Members enjoy unlimited access to articles and exclusive member resources.

Already a member? Login

Your membership is almost expired! Renew today for unlimited access to member content.

Renew now

Your membership has expired. Renew today for unlimited access to member content.

Renew Now

Your Executive Network membership is nearing its expiration. Renew now to maintain access.

Renew Now

Your membership has expired. Renew your Executive Network benefits today.

Renew Now