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Sex discrimination #21
by Ross Runkel at LawMemo
Title VII prohibits discrimination "because of" "sex." Most states have statutes that have similar language.
What does "sex" mean under Title VII? It means gender, that is male and female. It has nothing to do with sexuality, sexual practices, sexual orientation, or anything else other than gender.
So, sex discrimination is treating people in a different manner because of their sex, meaning gender.
It is unlawful to discriminate against women. It is equally unlawful to discriminate against men.
Over 30 percent of the charges filed with the EEOC involved claims of sex discrimination.
The EEOC puts it this way:
It is unlawful to discriminate against any employee or applicant for employment because of his/her sex in regard to hiring, termination, promotion, compensation, job training, or any other term, condition, or privilege of employment. Title VII also prohibits employment decisions based on stereotypes and assumptions about abilities, traits, or the performance of individuals on the basis of sex. Title VII prohibits both intentional discrimination and neutral job policies that disproportionately exclude individuals on the basis of sex and that are not job related.
Examples of sex discrimination:
- Employer allows men, but not women, to work overtime.
- Employer hires men to do sales work, but will not hire women.
- Employer requires women to wear special uniforms, and allows men to wear what they want.
- Employer relies on sexual stereotypes (such as women should not be too macho) when deciding who should get a promotion.
- Employer pays men more than women who are doing the same work.
- Employer bases pensions on actuarial tables that themselves are based on gender.
Sexual harassment is a form of sex discrimination.
"Sex plus" is a concept used when an employer couples sex with something else. For example, the employer hires men with pre-school children but not women with pre-school children.
Pregnancy. Title VII says that "sex" includes "pregnancy, childbirth, and related conditions." Therefore, it is unlawful for an employer to discriminate on the basis of whether a woman is pregnant, refuse to hire because a woman is pregnant, or discharging a woman because she got an abortion or refused to get an abortion.
BFOQ. In rare cases, an employer will be allowed to discriminate when sex is a "bona fide occupational qualification."
Coming next: Race discrimination #22: Employment Law 101
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