It is in the best interest of every company to hire the most qualified candidate for the position. Clearly your boss needs help with his inability to work professionally with all people. His behavior is not in the best interest of the company If this woman is the most qualified. I will leave the legalities to the attorneys. I can also tell you after over 25 years experience in a variety of companies HR departments, these are some of the most ineffective and unresponsive To individuals. In my observation in many settings, they will protect the company (their employer) over the individual every time. If you have a problem go to an attorney, and then go with the attorney to HR.