127.2 Hire

Consideration of an applicant’s recent gaps in teaching experience is not evidence of age or sex discrimination, unless it is shown that such a consideration actually has a disparate impact on women or people over the age of 40. Chandler v. UW-LaCrosse (Wis. Pers. Comm’n, 08/24/89).

In the context of a hiring decision, the elements of a prima facie case are that the Complainant: (1) is a member of a protected class, (2) applied for and is qualified for the position, and (3) was rejected under circumstances which gave rise to an inference of unlawful discrimination. Larson v. DILHR (Wis. Pers. Comm’n, 01/22/89).

In a case of alleged hiring discrimination in which the Respondent claimed that the male candidate hired had better educational qualifications, the issue is not whether the male actually had better educational qualifications but whether the Respondent’s hiring committee sincerely believed, at the time they made the hiring decision, that the male candidate’s education satisfied the stated requirements. The issue, in other words, is the Respondent’s motivation for its conclusion and not the objective basis in fact for that conclusion. If the Respondent formed a sincere belief, then that judgment does not reflect a discriminatory motive, regardless of whether it is correct. Wilbert v. City of Sheboygan (LIRC, 04/15/86).

No inference of discrimination was raised where the employer did not know that an applicant was interested in a position and was available during the required hours, where the employer had treated her favorably during her period of employment. Smith v. Power Transmission Co. (LIRC, 03/02/84).

A judge discriminated against a female applicant for a court reporter position by hiring a male applicant because the judge did not want to ask a woman to carry items and feared that an adverse inference might be drawn from a man traveling with a woman. Drecktrah v. LIRC (Donaldson) (Jackson Co. Cir. Ct., 04/06/82).

Discriminatory attitudes are not unlawful unless they result in discriminatory treatment. Although an employer may not have wanted to hire women for an executive position, and so stated, a female job applicant who did not establish that she was qualified for the job failed to set forth a prima facie case of sex discrimination. Way v. Merchants Fed. (Dane Co. Cir. Ct., 01/22/80).

An employer’s statement that a female applicant for the police force was rejected because she wore glasses and had a restricted Wisconsin driver’s license was a pretext for sex discrimination where no attempt was made to test her vision and other members of the all-male force had restricted driver’s licenses. Ruffin v. Village of West Milwaukee (DILHR, 02/02/77).

A female applicant established a prima facie case of discrimination by showing that the position she sought had no qualifications and that males without prior experience had been hired. The employer’s justification that women could not handle the job and did not work well with men was given no credence where the employer had never hired a female for the job. Antin v. Barnaby’s Rest (DILHR, 09/16/76).

Where an employer repeatedly stated that it wanted either a very inexperienced young female or else a middle-aged housewife for the job of bookkeeper, its refusal to hire a male who was the best qualified applicant was discriminatory. Wroblewski v. Univ. Nat’l Bank (DILHR, 09/16/76).