What are my rights if I’m a male and applied for a job at a company in which I met all the required qualifications but I was passed over for a woman because they would be “eye candy”?

The human resource manager then was informed by the hiring manager that he was only considering women for the job because they would be “eye candy” for the people who visit the company I’m male. Actually, 2 different people heard the comment. I was Informed by the HR manager that a female had been hired and the comment that was said. the manager stated she would testify in court on what had been done and what was said by the hiring manager. Do I have a case.?

Asked on October 1, 2015 under Employment Labor Law, Indiana


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You may have a case but the issue will be what your damages are. This is certainly something you can consult with a labor lawyer in your state but you may wish to first start with your state's department of labor and file a complaint.
The concern will be proving you would have been hired but she was simply hired over you because of her gender. Further, you will need to prove damages other than a nominal damage amount. The Department of Labor may not be able to necessarily represent you (each agency is different) but you can inquire if it would be seeking restitution/damages on your behalf.

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