No Preferential Treatment: Goldwater Sues University of Rhode Island for Illegal Union Hiring Policy

In late 2024, Nicole Solas applied to the University of Rhode Island seeking a position as a Higher Education Administrative Assistant. Ms. Solas was highly qualified to perform all the duties of the position and met or exceeded all of the job requirements. However, Solas was informed by the University that she was not being considered for the position, did not receive an interview, and was not hired.

The University’s job posting for the Higher Education Administrative Assistant was subject to its collective bargaining agreement with a public employee union known by the acronym ESP-URI/NEARI. That agreement states that union members must receive “preferential consideration” And that only “[i]f the position is not filled by a current union member … will [the University] consider other applicants for the position.”

Nicole Solas is not a member of the NEARI Union, does not desire to join the union or associate with the union. Ms. Solas was an otherwise highly qualified candidate but was denied employment and discriminated against for her non-union member status.

Through counsel, Ms. Solas directed correspondence to the University that the union hiring preference policy unlawfully favors union members over non-union members in violation of the First Amendment. Ms. Solas also asked for all information regarding the University union hiring preference policy and its application to the Higher Education Administrative Assistant position. The University did not respond to that communication.

As a result of the University’s discriminatory hiring policies and violation of Nicole Solas’ freedom of speech and association, through the First and Fourteenth Amendments, Ms. Solas has suffered harm. Counsel for Ms. Solas filed a lawsuit against the University and the University President to redress Ms. Solas’ harms and prevent these violations from occurring again.