Is it gender discrimination if a male passes over two qualified females

by on January 7, 2009 · 0 Comment POSTED IN: HR Info Center

‘Past behavior’ helped employer justify its actions

The best man for the job was a man. And that riled two women who believed that they’d been denied fair shots at the position.

The women, both senior police department analysts, complained that a job description for the newly-created position of Deputy Director was “tailored” to discourage them from applying.

Phony job description?

What’s more, the women claimed that the department delayed filling the position in order to avoid having to give the job to one of them, even though they were both qualified for it.

Instead, the decision-makers waited and waited until a qualified male candidate was found.

But in court the police department proved that it had a long tradition of filling high-level positions with outside candidates. Top brass believed in bringing in new blood.

It was consistent, not gender discrimination, thus okay

The department’s present behavior was consistent with its past behavior – which included passing over qualified male employees to hire women from the outside. In the eyes of the law, there was no gender discrimination.

Cite: Joann Gu et al v. Boston Police Department, U.S. Court of Appeals, 1st Circuit, No. 01-2354, 12/2/02.

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