The transportation agency of Santa Clara County in California adopted an
affirmative-action plan in which when the agency was authorized to
consider as one factor the sex of a qualified applicant when making
promotions to positions within a traditionally segregated job
classification in which women have been significantly underrepresented. When a vacancy arose for a promotional position 12
employees applied. Nine were deemed qualified and interviewed, with seven
certified for selection by the appointing authority. A woman employee was awarded the
position by the director of the agency even though she scored slightly
lower than two male employees on the basis of the interview. One of the males (Paul
Johnson) who had been recommended by a second interview board for the
position filed a complaint alleging that he had been denied promotion on the basis of sex. He
won in the District Court but the Court of Appeals reversed the decision.