Question: A county transportation agency adopted an affirmative action plan to promote women in jobs that were traditionally not open to women. The plan provided that sex of a qualified employee was one factor that could be considered in determining promotions.
When a vacancy arose in one job position, the agency passed over a male applicant and instead selected a female applicant, both being equally qualified. The male applicant sued, claiming sex discrimination in violation of the Civil Rights Act. Was he correct? (Johnson v. Transportation Agency, 480 U.S. 616)