Burdine, a woman, was hired by the Texas Department of Community Affairs as a clerk in the Public Service Careers (PSC) Division. The PSC provides training and employment opportunities for unskilled workers.
At the time she was hired, Burdine already had several years' experience in employment training. She was soon promoted, and later, when her supervisor resigned, she performed additional duties that usually had been assigned to the supervisor. Burdine applied for the position of supervisor, but the position remained unfilled for six months, until a male employee from another division was brought in to fill it. Burdine alleges discrimination violating Title VII of the 1964 Civil Rights Act. The defendant, Texas Department of Community Affairs, responds that nondiscriminatory evaluation criteria were used to choose the new supervisor.
In order to comply with Title VII, must the Texas Department of Community Affairs hire Burdine as supervisor if she and the male candidate are equally qualified? Explain.