Overview: Title VII as well as various state and local laws prohibit discrimination based on sex or gender. Accordingly, an employer should avoid making employment decisions based solely on gender as well as apply all workplace policies in a gender-neutral manner. This means that employers should use the same criteria to evaluate employee performance as well as provide both men and women with equal opportunity in hiring and advancement. Employers should develop a zero tolerance policy for gender discrimination and make sure to provide training to all employees and supervisors.
Further, employers should avoid engaging in unlawful sex stereotyping as well as treating men and women differently based on pregnancy, family and medical leave or caregiving responsibilities. Employers need to understand that the prohibition against sex discrimination not only applies to women, but also prohibits employee discrimination against men. It pertains to any discrimination that is based on an individual's gender and also prohibits sexual harassment.
Trends: Employers should be aware that the Pregnant Workers Fairness Act has been introduced in the US Congress. It would require employers to provide reasonable accommodations to pregnant women unless it would cause undue hardship for the employer. Further, under the Affordable Care Act, employers are already obligated to provide reasonable breaks for mothers to express milk for up to one year after the child's birth.
Employers should also know that the EEOC has been aggressively pursuing sex discrimination in the workplace. The EEOC has been extremely successful in bringing class action lawsuits based on sex discrimination and sexual harassment. Further, in the landmark case of Macy v. Holder, EEOC No. 0120120821, the EEOC held that claims of discrimination based on gender identity, change of sex, sex stereotyping, and transgender status constitute sex discrimination. Additionally, the EEOC remains committed to providing for equal pay in the workplace.
Author: Beth P. Zoller, JD, Legal Editor
FY2018 filings by the EEOC showed a large jump in the number of lawsuits filed, especially for sexual harassment cases. The increase in sex-based cases is attributed to the #MeToo movement.
There has been a renewed focus on equal pay and pay equity on the federal, state and local level. Many states have enacted laws pertaining to equal pay and wage disclosure. To help employers comply with these laws, XpertHR has new resources, a Checklist, a Task and a Massachusetts specific How To.
Two female former employees have filed a proposed class action lawsuit against sportswear manufacturer Nike alleging gender discrimination and a hostile work environment.
Many states have enacted laws pertaining to equal pay and wage disclosure. To help employers comply with these laws, XpertHR has added a new 50-state chart.
This chart provides details about state laws that mandate equal pay and address wage disclosure.
Estée Lauder will pay $1.1 million to settle claims that its parental leave policy discriminated against new fathers. The Equal Employment Opportunity Commission (EEOC) filed the charges on behalf of a class of 210 male employees.
The Michigan Civil Rights Commission has voted to issue an "interpretive statement" to extend protections under the state's Elliott-Larson Civil Rights Act (ELCRA) to the LGBT community. However, it remains to be seen what effect the commission's interpretation will have. Last year, Michigan's attorney general told the commission it lacks the authority to reinterpret the ELCRA and warned it would be subject to a lawsuit if it did so.
XpertHR offers various tools and resources to assist an employer in managing employees who are breastfeeding.
HR Guidance on addressing sex discrimination in the workplace and ensuring equal opportunity for employees and applicants of both genders.