Is it discrimination if your boss only interviewed female employees for a job promotion?

UPDATED: Feb 22, 2012

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Is it discrimination if your boss only interviewed female employees for a job promotion?

Also, I never received an interviewed after if completed an application and submittes a resume to my employer.

Asked on February 22, 2012 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Only interviewing women for a job would be illegal employment discrimination unless there was some neutral, non-discriminatory reason for selecting the employees for an interview which they did, and it just happened that only women met that criteria. For example: if the female employees had more experience or seniority than you; had some credential, training, or degree you lacked; or had better performance reviews, then it would be legal to consider them and not you. But if there was no non-gender-based reason for interviewing women, it would likely be discrimination and you may have a legal claim.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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