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Does she have a good case for sex discrimination?

5 replies

SourOldBat · 15/08/2005 21:46

A friend of mine applied for a job where I work. The ad demanded very techy and specialised skills, and she is one of the few people around to have them. They have told her that despite her excellent relevant skills, she lost out to someone even better. She knows the person who has been offered the job and he has none of the skills that were "required" in the job ad (and says himself that he is gobsmacked tohave been offered it!). To add insult to injury, they work in the same organisation and he is junior to her.

It's about 98% male where I work, and the line manager for this job (and the person who would have decided who got the job) is a known sexist -he told me he didn't think women with children should work.

She has asked for feedback on how he was so much better than her. Bizarrely, they didn't interview, just flicked through the applications and chose this bloke!

What do you think?

OP posts:
starlover · 15/08/2005 21:47

i think she would have to prove that the reason they didn't employ her was sexist.
could be difficult

SourOldBat · 15/08/2005 21:52

But she was so clearly the best candidate for the job! If you have someone applying who has all the qualifications you need, why give the job to someone who hasn't?

OP posts:
sis · 15/08/2005 21:55

On the face of it, I would say your friend does have a good basis for a sex discrimination claim. She should speak to an employment lawyer (must be a specialist employment lawyer!) to discuss the details to work out whether there is a viable claim. It may be an idea to contact the Equal Opportunities Commission to see if there are any lawyers in her area who specialise in discrimination claims.

starlover · 15/08/2005 21:57

yes i agree with you SOB... but the company only have to come up with some weird reason why they chose him rather than her...
i dunno

Hattie05 · 15/08/2005 21:57

Not sure about sex discrimination. But yes it could be discrimination on the grounds of their experience and skills.

I'm not sure how correct it is to not conduct interviews?? Is this giving everyone a fair chance at the job?

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