F. Final Points about Sex Discrimination

Sex discrimination in the workplace exists in many forms. In case after case, courts and antidiscrimination agencies have hacked away at the long-time stereotype of the "weak female" who must be barred from strenuous "men's work" and restricted to gentler employment. For example, a federal court judge ordered a public utility to consider women for switchmen's jobs; another employer was forbidden to impose a 35-pound weight-lifting limit on women employees. As a result of management steps being taken to train supervisors to act properly in all areas potentially affecting women, these stereotypes are beginning to vanish.

Retirement, pension plans, and fringe benefits must be equally applied, since any program that favors one sex over another violates federal and state discrimination laws. Be aware that the following practices have been declared illegal in the application of fringe benefits pertaining to vacations, insurance coverage, pensions, profit-sharing plans, bonuses, holidays, and disability leaves:

• Conditioning benefits available to employees and their spouses and families on a particular status (e.g., "head of household" or "principal wage earner")
• Making certain benefits available to wives of male employees but denying them to husbands of female employees
• Basing provisions of a pension plan on norms applied differently according to sex
• Denying a job or benefit to pregnant employees or applicants

These are just some of the ways employers commit violations concerning benefits. If you have doubts about any current practices, seek competent legal advice.

Although common illegal practices regarding preemployment screening were discussed in Chapter One, it is worthwhile to mention this subject again. Unfortunately, many employers ask illegal questions of females at job interviews, particularly with respect to their marital status. EEOC guidelines and most state regulations declare that the only lawful question that may be asked of a female applicant is "What is your marital status?"

Familiarize yourself with the kinds of questions that are illegal at job interviews. If you refuse to answer such questions and are denied a job, you may wish to consider filing charges with the EEOC or appropriate state rights organization or agency alleging sex discrimination on the basis of such illegal inquiries.

Know your rights regarding pregnancy. For example, it was recently reported that just before closing arguments, a lawyer who worked for a large law firm accepted a substantial sum from her former employer in an out-of-court settlement. The woman was fired from her position two months after her return from maternity leave. The firm said she had a poor attitude, economic times were tough, and alleged declining work quality to support its claims. But the woman's lawyer pointed to excellent work reviews and suggested the firm not only had invented the criticisms but also may have included them in personnel files after she announced her pregnancy.

Understand the difference between maternity leave, child leave, unpaid child leave, and paternity leave for a spouse and what benefits are available to you.

Recognize that female independent contractors (such as insurance agents) cannot sue for sex discrimination under the laws of many states. Speak to a lawyer to discuss this where applicable.

Finally, understand that there is a trend in extending a company's benefits package to the same-sex partners of its homosexual and lesbian employees. In a growing number of companies, for example, same-sex domestic partners are being given the same access to health insurance and family and medical leave as married couples. Most employers that offer such benefits require employees who want to participate to certify that they've been living together at least six months and are committed to mutual emotional and financial support. When a relationship ends, employees can terminate their former partner's benefits. (Note: The Internal Revenue Service may tax you for receiving extra taxable income if your partner received benefits, so speak to your accountant where applicable.)