Employer hiring unqualified male over unqualified female must defend sex discrimination, Third Circuit says.

( Categories : Court | Sex discrimination )

An employer hiring someone who lacks job qualifications cannot use the absence of those same qualifications in another applicant as a basis of rejection, the Court ruled. A female had twice applied for a locksmith position along with male applicants; none of the applicants had the requisite work experience. Although the Equal Employment Opportunity Commission and a lower court had rejected her discrimination complaint, the Third Circuit said that she had established enough of a case to go to trial.