It is lawful for an employer to choose those employees whom the employer judges to be best suited for a job (this is discrimination which is not illegal and which simply means to make a choice based on a judgment about some criterion for the choice). If the employer's judgment is determined by or based on the employee's gender, however, the choice becomes unlawfully discriminatory.
The fact that he has not promoted a woman to a position for 22 years certainly does raise a suspicion that gender may be the basis of his choices. It is not, however, conclusive.
If women are performing the same job as men, and if the women are paid less for the job (even if they have different job titles but so long as they are performing the same duties, under the same job conditions, with the same level of performance and the same job tenure) the employer may also be violating the Equal Pay Act.
Michael Caldwell
404-979-3150
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