A woman cannot be barred from bringing a sex discrimination claim on the grounds that she lacked some of the advertised job qualifications for a post if the employer ultimately hired a male who also lacked those qualifications, the 3rd U.S. Circuit Court of Appeals has ruled.
“If an employer could, with impunity, appeal to objective qualifications to defeat any female job applicant’s challenge to its hire of an objectively unqualified male in her place, discrimination law would be reduced to bark with no bite,” U.S. Circuit Judge Thomas L. Ambro wrote in Scheidemantle v. Slippery Rock University, PICS No. 06-1831.
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