Can a business extend a job opening for the sole purpose of finding a female candidate to fill a position over a well qualified male candidate?

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Can a business extend a job opening for the sole purpose of finding a female candidate to fill a position over a well qualified male candidate?

A job at my company has been open for 6 months. I applied for the position and had 3 interviews. I did not hear anything back for over a month and a half. They finally told me that I am still in the running and that I didn’t need to

re-apply but they were going to open the position again to find a more

Asked on November 1, 2018 under Employment Labor Law, Iowa

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, you may not legally be passed over to meet a diversity requirement. The law prohibits discriminating against anyone due to their sex, and that equally applies to discriminating against me (e.g. not hiring them or transferring them) in favor of women as it does to the more common case of discriminating against women in favor of men. There is no exception to the no-discrimination rules to facilitate or increase diversity. If you believe this is what is happening, contact the federal EEOC about filing a complaint.


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