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Paramours and Promotions

By Eric Matusewitch, PHR, CAAP
December 27, 2004

Charlotte Perry, a long-time employee in the Arkansas state government, applied for a better paying job in 1990. Despite seemingly superior qualifications and experience, however, she failed to receive the desired promotion to an administrative position with the Arkansas Board of Review. Instead, the position was awarded to a woman, Gennifer Flowers, who allegedly had engaged in a sexual affair with the then-governor, Bill Clinton. (Murray Waas, “The Other Woman,” SALON, September 11, 1998, www.salonmag.com).

Although Ms. Perry never filed suit against the state, would she have had a viable claim for sex discrimination based on “paramour favoritism?” The answer is generally no. Almost all federal and state courts addressing the issue have ruled that such behavior is unfair and arbitrary, but not a violation of the civil rights laws.

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