As such, prudent employers should be aware that workplace sex discrimination claims in general are on the rise for both genders and correspondingly take appropriate measures to ensure their policies and procedures are designed to avoid potential sex discrimination claims from male employees as well. Title VII of the Civil Rights Act of generally prohibits employers from discriminating against employees on the basis of sex, among other things.
Notably, however, this exception has been narrowly construed. Customer preferences and stereotypic notions concerning the capabilities of persons of a particular sex, however, do not warrant application of the BFOQ exception. For example, as recent as May , a child-care organization was sued for denying a male applicant consideration for a position in its motherhood maternity program.
The Equal Employment Opportunity Commission filed suit on behalf of the denied male applicant and the prospective employer settled prior to trial, paying both compensatory and punitive damages to the applicant. As part of the settlement, the organization was also required to include a statement regarding equal opportunity in all its job advertisements and applications, report to the EEOC on its hiring practices for two years, deliver an annual message to its workforce regarding the importance of equal opportunity, and provide annual training from an expert on sex discrimination.
Accordingly, HR departments should be cognizant of the actions they can take to reduce the likelihood of embarrassing and expensive discrimination claims brought by employees of both genders. As will be evident, the approaches suggested below are virtually identical to those that should already have been implemented by employers to guard against workplace discrimination claims from female employees:. Male applicants who file suit after not being hired often point to the interview process as evidence of gender discrimination.
If possible, the decision whether or not to hire an applicant should be made by more than one individual and such a panel should be comprised of individuals from both genders. A disproportionate number of employees of one gender, no matter the basis, can possibly lead to an inference of gender discrimination. A recent case out of California involved a police communications center that hired approximately two males over a twenty-year period.
