Copyright © 2014 Pearson Education, Inc. Employment Law: New Challenges in the Business Environment, 6e Moran Chapter 10 Sex Discrimination Employment Law: New Challenges in the Business Environment

Copyright © 2014 Pearson Education, Inc. Employment Law: New Challenges in the Business Environment, 6e Moran 10-2 Chapter Checklist Understand the need for a prohibition against sex discrimination to counteract historical stereotypes. Learn that men are also protected against sex discrimination Appreciate that women are often discriminated against not solely because they are women, but also because they have small children or elderly parents—that is, sex plus discrimination. Be aware of the limited exceptions for bona fide occupational qualifications.

Copyright © 2014 Pearson Education, Inc. Employment Law: New Challenges in the Business Environment, 6e Moran 10-3 Be apprised of potential violations of the Equal Pay Act. Be familiar with the impracticability of comparable wealth. Appreciate the wide latitude given to employers in setting dress codes and grooming standards. Learn that customer preferences are not a valid reason to discriminate on the basis of sex. Chapter Checklist (Cont.)

Copyright © 2014 Pearson Education, Inc. Employment Law: New Challenges in the Business Environment, 6e Moran 10-4 Sex Plus Discrimination Discrimination may occur against an individual not solely because of his or her gender; but that fact coupled with another may be its cause. Women with small children, women in childbearing years, and women taking care of elderly parents are examples. As part of the interview process, some companies endeavor to discover if a female applicant has small children. It has been their experience that mothers are preoccupied with worrying about their children.

Copyright © 2014 Pearson Education, Inc. Employment Law: New Challenges in the Business Environment, 6e Moran 10-5 Many employers believe if the child becomes ill or gets hurt, the mother will leave work immediately. This could cause disruptive behavior in the workplace. The company may ask where her children go to school. The school response will indicate whether the woman has children and if so their ages. The company can generally refuse her or deny her for another reason. This is discriminatory behavior. Sex Plus Discrimination (Cont.)

Copyright © 2014 Pearson Education, Inc. Employment Law: New Challenges in the Business Environment, 6e Moran 10-6 Bona Fide Occupational Qualification The BFOQ operates as a defense to a suit for discrimination with regard to religion, national origin, gender, and age. The first three defenses are found in Title VII, while age BFOQ is found in the Age Discrimination in Employment Act. The courts have narrowly construed this defense, limiting it to job requirements that are essential to the job or are at the core purpose of business. Mere job relatedness is not sufficient.

Copyright © 2014 Pearson Education, Inc. Employment Law: New Challenges in the Business Environment, 6e Moran 10-7 Customer Preferences We are in an age in which customer service and satisfaction rules, acceding to customer preferences for service exclusively by one gender to the exclusion of the other is contradictory to Title VII’s prohibition against gender discrimination. Job selection cannot be based on customer preference for a particular gender; otherwise, it is discriminatory.

Copyright © 2014 Pearson Education, Inc. Employment Law: New Challenges in the Business Environment, 6e Moran 10-8 Equal Pay The Equal Pay Act of 1963 is an amendment to the Fair Labor Standards Act, which regulates child labor, minimum wage, and overtime pay. The Equal Pay Act prohibits the payment of different wages to men and women who are performing the same job. This act covers all typed of job categories from clerical to executive.

Copyright © 2014 Pearson Education, Inc. Employment Law: New Challenges in the Business Environment, 6e Moran 10-9 Equal Pay (Cont.) The jobs must be equal with regards to skill, knowledge, or experience, and the conditions under which the work is performed must be similar. Example, a person working overseas is entitled to a pay differential for the same job performed domestically.

Copyright © 2014 Pearson Education, Inc. Employment Law: New Challenges in the Business Environment, 6e Moran Comparable Worth Comparable worth is an attempt to assign values to male-dominated and female- dominated jobs based on worth. Where the values are equated, equal pay would be required. This argument has not found favor with the courts because assigning values is arbitrary and interferes with payments based on supply and demand

Copyright © 2014 Pearson Education, Inc. Employment Law: New Challenges in the Business Environment, 6e Moran Grooming Grooming is the regulation of length of hair, beards, and mustaches When employers attempt to regulate grooming courts have usually found in favor of the employer.

Copyright © 2014 Pearson Education, Inc. Employment Law: New Challenges in the Business Environment, 6e Moran Grooming (Cont.) The reasoning is that grooming codes are more closely related to the manner in which an employer decides to operate its business than to equal opportunity. Arguments against grooming codes have come in the form of the First Amendment rights of speech through personal expression. The Fourteenth Amendment Equal Protection Clause, and Title VII’s provision regarding terms and conditions of employment.

Copyright © 2014 Pearson Education, Inc. Employment Law: New Challenges in the Business Environment, 6e Moran Human Resource Advice Formulate grooming standards and dress codes Treat men and women in a consistent manner Eliminate stereotypes when employing and/or assigning men and women to particular jobs. Identify instances of sex plus discrimination Pay women an amount equal to men when the qualifications needed and the work performed are similar. Know that bona fide occupational qualifications exist only in a very limited number of instances, such as bathroom or locker-room attendants.

Copyright © 2014 Pearson Education, Inc. Employment Law: New Challenges in the Business Environment, 6e Moran Realize that customer preferences cannot dictate your selections with regard to sex Learn that comparable worth has never been implemented in employment Encourage women to realize their full potential in the workplace. Understand that men may also be victims of sex discrimination. Human Resource Advice (Cont.)

Copyright © 2014 Pearson Education, Inc. Employment Law: New Challenges in the Business Environment, 6e Moran Summary In the past, American society excluded women from many positions in the labor market because they could afford to do so The American Society was the most affluent in the world while its economy was flourishing almost exclusively at the hands of men. In today’s global environment, no brain can be left untapped. Women should be encouraged by men to realize their potential in the workplace.

Copyright © 2014 Pearson Education, Inc. Employment Law: New Challenges in the Business Environment, 6e Moran Summary (Cont.) Some men fear that employing women in business will reduce the number of positions for them Their fear is misdirected. Us against them should not mean men against women If the power of each American male and female is not used to its fullest to become innovators and entrepreneurs to develop newer, faster, cheaper, and better products, services, and technologies, then the positions that men are trying to safeguard from women will be lost to oversea competitors.

Copyright © 2014 Pearson Education, Inc. Employment Law: New Challenges in the Business Environment, 6e Moran Summary (Cont.) Discrimination may occur against an individual not solely because of his or her gender; but that fact coupled with another may be its cause. The BFOQ operates as a defense to a suit for discrimination with regard to religion, national origin, gender, and age. The Equal Pay Act of 1963 is an amendment to the Fair Labor Standards Act, which regulates child labor, minimum wage, and overtime pay. Comparable worth is an attempt to assign values to male- dominated and female-dominated jobs based on worth. Grooming is the regulation of length of hair, beards, and mustaches