Understanding Employment Discrimination Based on Gender

What happens when Pam applies for a job at Quik Mart store but is not hired due to her gender?

Pam wins the suit unless Quik Mart asserts an appropriate defense and provides a valid, non-discriminatory reason for not hiring her.

Establishing a Prima Facie Case in Employment Discrimination

In cases involving employment discrimination based on gender, establishing a prima facie case is an important step. A prima facie case means that Pam has presented sufficient evidence to support her claim of gender discrimination. To establish a prima facie case, Pam typically needs to show that she belongs to a protected class (in this case, being a female), she applied and was qualified for the position, she was rejected, and the position remained open or was filled by someone outside her protected class.

Burden of Proof on the Employer

Once a prima facie case is established, the burden of proof typically shifts to the employer (Quik Mart) to provide a legitimate, non-discriminatory reason for not hiring Pam. If Quik Mart fails to assert an appropriate defense or cannot provide a valid reason for not hiring Pam, she is likely to win the lawsuit. However, if Quik Mart successfully asserts an appropriate defense and demonstrates that their decision not to hire Pam was based on a legitimate and non-discriminatory reason, Pam may lose the suit.

Summary

In summary, Pam wins the suit unless Quik Mart asserts an appropriate defense and provides a valid, non-discriminatory reason for not hiring her.