Man wins $390,000 in gender discrimination lawsuit

President of the Parliament Doris Bures said she made the hiring decision based on “massive under-representation of women.”
HEINZ-PETER BADER/REUTERS

So-called positive discrimination is never positive for the people it discriminates against. Originally it was created to benefit non-white people and to discriminate against white people. These days it is also used to benefit women and to discriminate against men. Imagine the mental gymnastics that will be required when a transgender woman who identifies as a black person who was born a white male applies for a job in the future.

A court in Austria has ruled that transport ministry official Peter Franzmayr was discriminated against on the basis of his gender when a managerial role he applied for was given to a woman instead.

[…] Three candidates came forward and were all judged to be highly-qualified for the role. Ursula Zechner, who then headed the rail regulator Schienen-Control, was ultimately offered the job over the other two male applicants. Franzmayr, whose application was rated 0.25 percent higher than Zechner’s, sued for gender discrimination.

The Federal Administrative Court ruled in his favor on Monday, the Austrian press reported, and instructed the State to pay him compensation worth €317,368 (nearly $390,000)—the difference between his current salary and the one he would have earned in the role plus damages and interest.

The court found a “discernible pattern, according to which [Zechner] was treated more favourably than the other candidates from the beginning,” it said in the ruling, quoted in AFP.

Bures defended her decision in a statement to the press. She said the appointment was “carried out according to the procedure prescribed by law,” but admitted that the “mass underrepresentation of women” played a role in the decision-making process. “I hope the current decision doesn’t call into the question the principle of encouraging the promotion of women,” she added.[…]

The only principle they should be following is to encourage the promotion of those who have demonstrated leadership qualities. Gender and race should never have anything to do with business decisions. If it does then it an illustration of the racism of lower expectations as it is in effect saying that the person cannot achieve on their own merits. Even worse, policies like these insult and demean those who have achieved on their own merits because people will assume that they got there because of their gender or skin colour.


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