Factual Background At the Madison County (New York State)Veterans Service Agency, the position of director became vacant.The County Board of Supervisors created a committee of five men tohold interviews for the position. The committee interviewed MaureenE. Barbano and four others. When she entered the interview room,she heard someone say, “Oh, another woman.” At the beginning of theinterview, Donald Greene said he would not consider “some woman”for the position. Greene also asked Barbano some personal questionsabout her family plans and whether her husband would mind if shetransported male veterans. Ms. Barbano answered that the questionswere irrelevant and discriminatory. However, Greene replied thatthe questions were relevant because he did not want to hire a womanwho would get pregnant and quit. Another committee member, Newbold,agreed that the questions were relevant, and no committee membersaid the questions were not relevant.
1. Madison County contended that Barbano needed to provide“direct evidence” of discrimination that had played a motivating orsubstantial part in the decision. What would such evidence looklike? Is it likely that most plaintiffs who are discriminatedagainst because of their gender would be able to get “directevidence” that gender was a motivating or substantial factor?
2. The “clearly erroneous” standard is applied here, as it is inmany cases where appellate courts review trial courtdeterminations. State the test, and say why the appellate courtbelieved that the trial judge’s ruling was not “clearlyerroneous.”