b'Sex DiscriminationWho, What, Why . . . Who does it apply to: The law applies to all employers with 15would not have questioned in members of a different sex. For or more employees. example, a man may bring a claim for sex discrimination when he is denied a promotion at work after his manager told him he What is the issue: Title VII was passed in the 1960s to protectwas too effeminate and not manly enough for a leadership againstdiscriminationbasedonrace,color,religion,sexorposition. national origin.What if my employee violates without consent: Choose carefully WhatamIrequiredtodo:Employersarerequirednottowho you place in charge. Employees placed in positions of discriminateagainstemployeesonthebasisofsex.Moreauthority with the power to control the circumstances of other specifically, employers are required not to treat an employeeemployeesarenotpersonallyliable. Theirliabilityisplaced adversely because of sex in relation to any significant aspectwith the employer even if the employee acts without authority. of employment. The same is true of independent contractors (whether properly characterizedornot)placedinpositionsofauthorityover What constitutes a violation: There are two kinds of violations:employees.direct mistreatment and disparate impact. Direct mistreatment isstraightforward.IfanemployeraffirmativelymistreatsanWhat if gender is a requirement of the job: Sometimes a persons employee because of sex by failing to hire, firing, demoting orsex may affect their ability to get a job based on a bona fide any other type of significant slight someone might dream up, itoccupational qualification (BFOQ). There are, however, very few can be actionable as sex discrimination. circumstances where such a requirement will stand up in court outside of the entertainment industry in which a particular sex is Disparate impact is more subtle. If an employer creates a policycast for a role. BFOQs are complicated, and you should always that is neutral or non-discriminatory on its face, that policy mightcheck with your employment counsel before implementing one.have a consequence of negatively impacting workers of one sex more significantly than others. If an employer institutes a policyCan retaliation play a part: Title VII protects employees who that it prefers to hire people with military service, the policyengageinprotectedactivitiessuchassupportinganother itself does not seem discriminatory because it may affect anyemployeesclaimofdiscrimination,resistinginstructionto applicant. That said, there are statistically fewer women in thediscriminate, and filing a complaint about discrimination with military and hence the rule has an adverse effect on womenthe employer or Equal Employment Opportunity Commission applicants.Thisfaciallyneutralrulehasadisparateimpact(EEOC).Employerscannotnegativelyimpactasignificant against female applicants and may create a claim. aspect of employment for an employee who supports anothers sexualidentityortheircomplaintagainstsexdiscrimination. What counts as a sex: Title VII prohibits discrimination basedEmployersalsocannotretaliateagainstanemployeefor on sex, which includes sexual orientation and gender identity.complaining of sex discrimination or making a charge of sex Employeesmayalsobringsexualstereotypeclaimswhendiscrimination with the EEOC.they are discriminated against for traits or actions an employer 57'