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Is this gender discrimination and can I do anything about it?

I am a 32 year old woman and mother. I lost my job almost 2 years ago and my husband lost his while I was 8 months pregnant. We are currently earning 12% of our joint income of just 2 years ago. I have to work. I had a job interview today. The interview lasted for two hours (!!!) and the man conducting the interview was quite candid about his needs, intentions, and concerns. He was aware that I have a daughter. During the interview he stated that he had interviewed several people and that in his mind, it was between me and a male candidate. He said he had some concerns with the other candidate - primarily that it seemed like he may use the job as a stepping stone to something bigger and better. He also said that I had the management experience required for the job and that the male candidate did not. He acknowledged that I had an excellent education (regarded as one of the best schools for those in my profession) and that my mindset was in line with the direction the company was taking. My only flaw was that I don't know a specific computer program as well as the other top candidate (I am not in the IT/computing field where this is particularly relevant). However, several times the hiring manager noted that the program was extremely easy to learn and that I should be able to get up to speed very quickly (again, I DO know the program, just not as well). It did not seem to be an issue that would influence my hiring. During the interview, he had made a few comments about his current staff's work ethic. How they were great, but could be clock watchers, leaving at 5 to get back to their family. The subject was changed though and we resumed to issues relevant to an interview. However, at the end, despite my qualifications noted above, he said he was planning on offering the position to the male candidate. Then - and I don't know why as he already told me I was essentially out unless the other guy rejected their offer - he tried to sell the firm's promotion of work/life balance. This is where it gets really bad... He told me that the company had been a "baby factory" (yes, he really said that) recently and how the firm was understanding of its employees needs. However, it didn't seem as though he was. He lamented how he had women hesitant to come back to work after the first child and who would quit after the second. He said that all the pregnancies had hurt productivity and were somewhat of a burden on him as a supervisor. He also said how it would be very hard emotionally for me to return back to work after being with my daughter for so long and seemed to question my need to work as if this is an option for me. He even noted how hard it would be for me to put her in daycare (my husband would actually watch her, but that's not the point). This guy was making so many assumptions about me! Between his closing comments and those made before he told me he was going with a male (the ones about him disliking that employees needed to leave on time to pick up their kids at day care), it was really clear that I was being discriminated against for having a child - specifically being a woman with a child. I told him that I did not want my daughter to be the reason I didn't get the job and that my qualifications should be the top consideration. I was so mad, I was doing everything I could not to lose composure. And then the interview was done because he had a meeting to go to. He implied that I was the better candidate but that he is unlikely to extend me a job offer. He also clearly had concerns about me having a child. Out of curiosity, I want to know what my options are, if any, and what realistically would come of it.

Public Comments

1. Gender discrimination is very difficult to prove. The burden of proof would be to show that 1) you are the most qualified, and 2) you were not hired because of your gender, and no other reason. If he has even one non-gender based reason not to hire you, then your case falls apart. If you don't get the job, and have the time and money to fight it, you can hire a lawyer and see what he/she says. But I don't think the odds are in your favor.