Legal Question in Employment Law in California

The scenario you present establishes, what we call, a prima facie case of gender discrimination. This, however, would not be enough to prove discriminatory intent, once the employer articulates a reason for why the male was selected. That reason must be proven to be a pretext to cover the true discriminatory motive by direct or circumstantial evidence. Such evidence should be reviewed by an experienced employment law attorney for a proper evaluation.

The mere fact that they hired a male does not establish that her rights were violated.

Whether her rights were violated depends on more information than was provided -- probably more information than even the female applicant knows. Basically it must be shown that the employer made its decision on the basis of her gender. This would call for comparing her application, experiences, and knowledge with those of the individual that was selected.

The employer is not likely to provide this information, outside an EEOC investigation or outside a court case.

I can offer additional guidance if you wish. Feel free to contact me.

Joel Bryant

(415) 420-4738