CA1: what a retaliatory non-hiring looks like

Velez v. Janssen Ortho LLC, No.05-2721.  In a case of first impression, the First holds that a plaintiff, to show that they were the victim of an Title VII retaliatory “adverse employment action”must show that:  (1) she applied for a particular position; (2) which was vacant; (3) for which she was qualified; (4) which she was not hired for.  In this case, the court concludes that the petitioner didn’t really apply for the job because ths letters she sent were too general.  While this makes sense to me, the First adds that its conclusion is fair.