A woman from New Jersey is interviewed for a job in marketing. The Job is based in Georgia. She has an MBA. The interviewing manager asks her questions such as "Do you have any children?", "Does your husband help with the child rearing?", "Do you plan on having more children in the future?", and "Would your family support you moving to Georgia if we need you to?" The woman is not hired for the position (a male from Georgia with a bachelor's degree in public relations is hired). Does the woman have a legitimate argument for sex discrimination? If yes, what does she have to show in order to make a prima facie case of discrimination? What affirmative defense(s), if any, can the employer assert?
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The applicant has a legitimate argument for sex discrimination if the woman can prove that she was not hired due to the answers to the interviewer's questions. The applicant answered the personal questions that were asked. The legal merits of the questions asked of the applicant are questionable. Asking if her husband helps with child rearing or if the applicant plans to have more children in the future are not applicable to any position, in any circumstance. The employer has opened a potential liability based on asking those ...
This solution thoroughly discusses sex discrimination, the prima facie doctrine, and additional main elements as related to the employment law case scenario listed.