Stoner v. Wisconsin Department of Agriculture, Trade & Consumer Protection

CUMMINGS, Circuit Judge.

Steve Stoner, an employee of the Wisconsin Department of Agriculture, Trade and Consumer Protection (the “Department”), challenged his employer’s decision to hire a woman for one of two positions to which he had applied instead of offering him a choice of either position. Stoner brought a reverse sex discrimination suit under 42 U.S.C. § 1983 and the Fourteenth Amendment against the Department and two employees involved in the hiring decision, Department deputy secretary Elizabeth Kohl and Division of Food Safety administrator Steve Steinhoff, in their official and…