1. Employment Law (Management 246) Gender Discrimination (Chapter 7) Professor Charles H. Smith Spring 2011

2. Introduction to Gender Discrimination Gender discrimination in employment has several statutory mandates – here are three of them –Title VII prohibits employment discrimination on the basis of sex (42 U.S.C. § 2000e-2(a)). –Equal Pay Act requires equal pay for equal work without regard to gender (29 U.S.C. § 206(d)). –Pregnancy Discrimination Act says women affected by pregnancy, childbirth or related medical conditions shall be treated the same as others not so affected but similar in their ability or inability to work (42 U.S.C. § 2000e).

3. Gender Discrimination in General Gender discrimination is based on disparate treatment of or impact on women in the workplace. Small group discussions and student examples about examples and Exhibits 7.3, 7.4 and 7.5 on pages 356-59. Case studies – Wedow v. City of Kansas City (pages 380-81); Dothard v. Rawlinson (page 382); Pollis v. The New School for Social Research (page 390); UAW v. Johnson Controls, Inc. (pages 395-96).

4. “Gender-Plus” Discrimination This is employment discrimination based on gender plus another factor such as marital status or parenthood. This served as “justification” for preference for hiring men instead of women; e.g., woman would have to leave work earlier in order to cook dinner for her husband or pick up children from school/day care. Case studies – Phillips v. Martin Marietta Corp. (page 383); Exhibit 7.10 (page 363).

5. Gender Stereotyping This is an assumption or belief that members of one gender must act, dress, groom, etc. in a certain “gender-appropriate” way. In reality, “bad behavior” (e.g., foul language, sloppy attire, drinking, sexual misconduct) often tolerated for men but not women. Case studies – Price Waterhouse v. Hopkins (pages 383-84); Harper v. Blockbuster Entertainment Corporation (page 385); Exhibit 7.12 (page 366); Hooters example (page 368).

6. Can Gender be a BFOQ? Yes... but this is a narrow exception to discrimination laws. Case study – EEOC v. Sedita (pages 392- 93).