Workplace
Discrimination & Sex
Federal
law prohibits most employers from discriminating against
an employee because of gender. Employees must be given equal
work opportunities and evaluated equally for job positions,
promotions or layoffs.
Gender
& Job Status
An employer subject to the anti-discrimination laws is not
permitted to:
- Segregate
employees by gender
-
Make decisions that would somehow affect any employee's
job status because of gender
-
Discriminate about any terms or conditions that apply
to an employee's job position
-
Discriminate concerning an employee's wages, hours, benefits,
promotions, and layoffs
- Refuse
to hire a potential employee or to fire an employee because
of a customer's preference in regard to gender. For example,
if a restaurant only hires female servers because customers
prefer them, the owner may be in violation of the law.
Equal
Standards
Any factors that are used to determine whether an employee
or a potential employee is appropriate for a job position
must be equally applied to both genders. For example, if
a company requires employees or potential employees be measured
for height and weight, then both males and females should
be required to be measured.
The
BFOQ Exception
A bona fide occupational qualification (BFOQ) is one exception
to the law that may allow an employer to avoid having to
adhere to the laws regarding anti-discrimination.
A valid
BFOQ defense should prove that the employment of a particular
employee would somehow undermine the effectiveness of the
business, thus making it possible for an employer to lawfully
discriminate against an employee.
To visit EEOC (U.S. Equal Employment Opportunity Commission)
website, click here.
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