| Title VII of the Civil
Rights Act of 1964 prohibited employment practices
that discriminate on the basis of sex. Title VII applies
to all employers with 15 employees or more and basically
prohibits sex/gender-based discrimination in hiring,
advancement, or any other condition of employment.
Most states also have fair employment laws that cover
smaller employers. One problem that has arisen is it’s
very difficult to determine what constitutes a distinction
made “on the basis of sex.” Over the years,
such acts have generally fallen into two classes: intentional
acts of discrimination involving disparate treatment
of one gender, and unintentional discrimination.
An employer can take several steps to minimize this
risk:
- Use gender-neutral terms in advertisements
and job postings;
- Do not ask the applicant’s
gender on application forms;
- Avoid personal
questions on the applications, particularly those
regarding the applicant’s marital or family
status;
- Implement
a clear nondiscrimination policy and enforce it
uniformly; and
- Establish a policy to prevent
sexual harassment.
It’s also important to
carry appropriate insurance protection to cover
any potential
claims. InsureCast specializes in offering Employment
Practices Liability insurance for private and public
companies. |
