Can a business extend a job opening for the sole purpose of finding a female candidate to fill a position over a well qualified male candidate?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a business extend a job opening for the sole purpose of finding a female candidate to fill a position over a well qualified male candidate?
A job at my company has been open for 6 months. I applied for the position and had 3 interviews. I did not hear anything back for over a month and a half. They finally told me that I am still in the running and that I didn’t need to
re-apply but they were going to open the position again to find a more
Asked on November 1, 2018 under Employment Labor Law, Iowa
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
No, you may not legally be passed over to meet a diversity requirement. The law prohibits discriminating against anyone due to their sex, and that equally applies to discriminating against me (e.g. not hiring them or transferring them) in favor of women as it does to the more common case of discriminating against women in favor of men. There is no exception to the no-discrimination rules to facilitate or increase diversity. If you believe this is what is happening, contact the federal EEOC about filing a complaint.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.