Legal Question in Discrimination Law in Illinois
I have a civil question about a work place matter. In my work place there is a women who is up for a vice president position of a privately owned company. The president of the company who is the founder wants to pass her over not due to her being unqualified but due to her being a women, not because he is sexist, but because he has a documented phobia of women that he is currently being treated for but feels that his own job performance will suffer from her being hired. Due to his phobia there is an alarmingly small amount of women executives, something that many people do not know because they are unaware of his phobia and thus have not seen the connection. My question is if she is passed over is the company open for lawsuit
1 Answer from Attorneys
Discriminating on the basis of sex in employment is NOT allowed unless it is a bona fide occupational qualification. For example, a movie producer needs to hire a female to play a female character. The situation you described--a boss's phobia of women--does not meet this standard.