Practical guidance at Lexis Practice Advisor
Refusal to Hire Cases The IRS has stated that claims based on failure or refusal to hire are back pay and thus wages. Rev. Rul. 78-176. A federal district court in the Southern District of New York cited Rev. Rul. 78-176 with approval in Melani v. Board of Higher Ed., 652 F. Supp. 43 (S.D.N.Y. 1986), aff’d, 814 F.2d 653 (2d Cir. 1987).
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