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

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.