Sexual Affinity Discrimination Assume you are the new human resources manager for a company that adheres to the following policies. For each policy, explain if it violates Title VII, and, if so, why. Also, for each policy, explain whether it makes a difference if the employer is an at-will employer, a government vs. a private employer, whether any discrimination was unintentional, and whether any adverse employment action was only partly due to the policy. Policy #1: Women are required to make a greater contribution to the company pension plan based on their life expectancy, which exceeds men’s. The percentage shall be adjusted annually based on actuarial tables. Policy #2: In jobs that require strict attendance during working hours, women with children under the age of 12 shall not be hired due to a demonstrated history of absenteeism based on their children’s childcare emergencies. Policy #3: A gay yoga instructor shall be prohibited from informing customers that he is gay, even if he is doing so in order to make them feel more comfortable when he touches their arms or legs to demonstrate proper technique. Policy #4: An employee who has undergone or plans to undergo gender transitioning shall, as soon as possible, inform the company of the employee’s name and gender and facilitate needed changes to the employee’s records and archives.
Prepare: Research nondiscrimination policies and how to write them in preparation for your assignment in Week 6, HR Management Plan Nondiscrimination Policy. What You Need To Know: Read the landmark Bostock v. Clayton County case that was decided on June 15, 2020. Discussion: Research and explain the theory that argues in favor of applying Title VII’s protection of the class of “sex” to a protection of gay rights in the workplace.
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