In Johnson v. Transportation Agency, Santa ClaraCounty, a female employee was promoted to the position of road dispatcher, despite the fact that a male candidate had scored two points higher on an interview. The county had an affirmative action plan and the plan was taken into account in making the promotion decision. The Supreme Court ruled that:
a. the employer did not violate Title VII because it had an affirmative action plan requiring it to hire a woman for the position
b. the employer did not violate Title VII because it had an affirmative action plan that addressed the proven underutilization of women in a moderate, flexible way
c. the employer violated Title VII because, despite its affirmative action plan, it was not free to hire a less qualified candidate because of her sex
d. the employer violated Title VII because there was no evidence of underutilization of women in the county workforce, requiring affirmative action
e. none of the above
B
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