Question

AT&G does not have any female employees. Ann Smith applied for a job as a machine operator. Though she did not obtain the minimum score of 40 on the machine operator test, AT&G plans to hire her as part of their new affirmative action plan. There are 10 men who passed the test who did not get hired. Is this legal?

Answer 1

The act of denying the job to the candidates that passed the test and in order to Ann Smith who failed the test is illegal.

Explanation:

• Irrespective of what the gender of the candidate is, denying the job to a candidate who fulfills all the requirements so that the job can be offered to someone else who does not fulfill those is illegitimate.
• No matter what the policy of the company is, preferring a failed candidate over other candidates that passed cannot be considered as legal.