Gemini. If the board refuses, non-tenure track staff, such as teaching assistants and adjunct instructors, could fill the gap until a qualified female faculty member was found. Qualified female instructors in other departments could teach courses, to diversify the faculty using an in-house strategy. Bankrupting the department for one faculty member seems unwise, and defeats the purpose of leaving the department open to hiring new tenure-track professors regardless of gender -- where will the money come from? The department does not wish to appear discriminatory, however, to the academic community at large. Recruiting new students to the department, supporting women in science through discussions and inviting prominent women in the field to speak to majors are all ways to provide role models to young women in science and improve the public relations image of the department across the university.

Would the legal issues change if Dr. Gemini had not...

Gemini would still be the same. Furthermore, the issue is not whether Dr. Gemini had another job offer, but whether the department was discriminatory. If Dr. Gemini sued in a court of law, however, and did not have a better position, she would have more grounds to prove her case since a 'harm' was done to her, as to make allegations of sexual discrimination there must be some proof that the individual was worse off, because of the harassment, in some material fashion -- there must be an 'adverse action' (Greenburg & Rudman, 2009, Discrimination Attorneys).
Works Cited

Greenburg & Rudman, LLP. (2009). Discrimination Attorneys. Retrieved April 16, 2009.

http://www.discriminationattorney.com/lawyer-attorney-1287326.html