StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...
Free

Gender and the Law in the Workplace - Term Paper Example

Cite this document
Summary
The paper 'Gender and the Law in the Workplace' present Smith, a male-to-female transgender firefighter in Salem who prevailed in court against employment prejudice. Sex is protected under the Civil Rights Act but biased from transgender sex listing in the clauses…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER96.8% of users find it useful
Gender and the Law in the Workplace
Read Text Preview

Extract of sample "Gender and the Law in the Workplace"

Smith’s fellow employees affirmed their perception of the increased manifestation of his feminity characteristics. Smith’s employer resorted to a scheme that would propel him to resign, but instead after they suspended him on ‘professional grounds, he sued.The HoldingSmith’s first case was dismissed as a feeble attempt to use stereotyping and sex discrimination as a conduit around his claim, which the statute did not proscribe (378 F 3d 566, 486). The second appeal granted support, holding that Smith had an actionable say for gender stereotyping based on his masculinity non-conforming demeanor and his transsexualism.

ConclusionGender prejudice based on sex is equated with insupportable discrimination on the bias of sex stereotypes, which requires one to display prominent femininity or masculinity qualities. The court ruling concluded that Smith’s inadequacy to match typical male characteristics was the main intent behind his discrimination (378 F 3d 566, 487). The ReasoningThe ruling exemplified that employers rights should not be hinged on their sex-specific dressing. It also includes appearance codes, and excuse sex-specific appointments in categories that prove necessary to hire only one sex (378 F 3d 566, 489).

Se stereotyping according to gender is an unacceptable bias that should not subject a transgender victim to professional discrimination.VerdictThe second ruling was fair and just because a transgender victim should not be discriminated due to gender conformity stereotypes. Their decision to cross over to their proffered sex based on medical prescriptions should be respected as part of their universal rights. The employers should not create a gender-conforming dress code that defines positions in its functional structure.SCHROER V. BILLINGTONThe IssueDiane Schroer was born male.

During the interview, Schroer was dressed in traditional male attire and was hired. Before beginning duty, Schroer informed Preece that she was under medical care for gender dysphoria that would transform her into a full woman. After ‘serious considerations’, Preece informed her of his resolution that was for the sake of the service; she was not ‘fit’ for the position based on her new gender transformation, hence her position was filled (577 F.Supp.2d 293, 633). The employer felt sufficiently convinced that despite Schroer’s twenty-five years of military service, her transformation would jeopardize her competence in her new roles.

Facts Diane Schroer was a male-to-female transsexual. Although born male, Schroer had an internal psychological sense as a female. Schroer was sufficiently qualified for the position. Schroer did not use her new name in the application because at that time, and she was still using her legal male name (577 F.Supp.2d 293, 635). Holding / Conclusion The modified objection alleged that Schroer’s non-selection resulted from Preece’s response on seeing photographs of Schroer in women’s attire expressly, that Preece held that Schroer looked like a man in women’s clothing relatively to what he supposed a woman should look like (577 F.Supp.2d 293, 637).

Schroer’s victory was tethered on the fact that transformation would not violate the ‘fitness clause in the statutes because, by proof of experience, she had already served the military for twenty-five years. Her transformation was duly informed by a professional prescription and was not part of the evaluation in the hiring process. Reasoning It is unlawful in the part of an employer dismissing an individual or rather discriminate against any person regarding reimbursement. The law also inculcates conditions, or privileges of employment, because of such individual’s race, religious conviction, sex, or nationality (577 F.Supp.2d 293, 638).

Gender discrimination was clearly pointed by The Library. Who argued that some of their nondiscriminatory concerns were about her capacity to maintain or timely receive security consent, her fidelity, and the perspective that her changeover would divert her from her core duties. Verdict Title VII was used by The Library as a scapegoat to their discriminatory conviction on Schroer’s case: They argued that a hiring decision based on transsexuality was not unlawful discrimination under the legislation.

KIRKLAND ANALYSIS Smith’s case was leveraged on the employer’s use of discriminatory schemes to disqualify Smith as a Lieutenant in the Fire Department (Anna, 87). Title VII was the vantage point, merely because it did not regard transgender discrimination in the clause. Kirkland further argues that, after Price Waterhouse, an employer who discriminates against women; for instance, because they do not wear makeup, is engaging in sex discrimination because the discrimination would not occur but for the victim's sex (Anna, 94).

The author further reiterates that an employer who discriminates against men simply because they do not wear makeup is also engaging in sex discrimination because it wouldn’t occur but for the victim’s sex. Discrimination against the plaintiff is prejudice to their decision to identify with their choice of sex. The law should not legalize the plaintiff’s discrimination on the bias of non-conformity to sexual characteristics of male or female gender (Anna, 102). The defendants termed ‘sex stereotyping’ as a Price Waterhouse loophole.

However, the Supreme Court gave a phenomenal opinion when it characterized the term as discriminative and hence helped reinstate the plaintiff's position.

Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(Gender and the Law in the Workplace Term Paper Example | Topics and Well Written Essays - 982 words - 1, n.d.)
Gender and the Law in the Workplace Term Paper Example | Topics and Well Written Essays - 982 words - 1. Retrieved from https://studentshare.org/human-resources/1687395-reading-and-answer-questions-3
(Gender and the Law in the Workplace Term Paper Example | Topics and Well Written Essays - 982 Words - 1)
Gender and the Law in the Workplace Term Paper Example | Topics and Well Written Essays - 982 Words - 1. https://studentshare.org/human-resources/1687395-reading-and-answer-questions-3.
“Gender and the Law in the Workplace Term Paper Example | Topics and Well Written Essays - 982 Words - 1”, n.d. https://studentshare.org/human-resources/1687395-reading-and-answer-questions-3.
  • Cited: 0 times

CHECK THESE SAMPLES OF Gender and the Law in the Workplace

Legislation Relating to Gender Discrimination in the Workplace

Advantages and Disadvantages of Legislation Relating to Gender Discrimination in the workplace Name: Tutor: Course: Institution: Date: Introduction During the early phases of men and women, there is a change of learning about the sex roles of each sex, and this is translated into an attitude, which results to problems in work life (Miller, Lietz & Kotte, 2002, 69).... The legislation that relate to gender discrimination in the work place is the Title VII of the Civil Rights Act of 1964, where the federal law seeks to establish gender equality in the workplace (Docksey, 1984, 81)....
4 Pages (1000 words) Essay

Religion in the Workplace

The author of the paper examines the case of religious discrimination at the workplace and states that every employee has the right to observe their faithful practices which may include but are not limited to the style of dress, praying, and fasting.... meant to harass or intimidate an employee on the basis of religion” to avoid legal actions as well as to promote harmony within the workplace (FindLaw, n.... Because there seems to be an impending conflict, it is only right to meet with both parties and inform them about the law, their right, as well as their limitation....
1 Pages (250 words) Case Study

Age and Gender Conflicts in the workplace

If the leadership is weak and compromising, then there is a good amount of material available with the research done that the conflicts would increase within the workplace with each passing day.... There are also the gender conflicts which come about as men have tussles with women and vice… What is most important is the role of the human resources management department and how it inculcates feelings of mutual trust and This is so needed as there is room for understanding and empathy for one another and what must not take the rounds of organizations is a lack of civility and complete abhorrence with the standards and practices which are rampant in a workplace domain....
5 Pages (1250 words) Research Paper

People Management: Equality and Diversity Policies

This paper approves that it is clear from the above discussion that diversity has a number of dimensions and has a major impact on the overall position of women in the workplace.... Promoting gender equality is a growing trend and the various equality and diversity policies adopted by companies clearly impact women and assist them in gaining better positions and also job profiles which fit their skills set.... Nevertheless a few companies, despite all the laws and regulations, have not been able to effectively ensure that women are given their rights and that job selection, recruitment and retention are based on the skills set and not gender....
10 Pages (2500 words) Essay

Laws on Tattoos in the Workplace

An author of the essay "Laws on Tattoos in the workplace" claims that the law supports the presence of body tattoos in visible areas as it is embedded in the constitution that every individual is subject to the universal human rights that cannot be taken away.... hellip; There is a profound will by employers to ban visible tattoos in the workplace, where there has been divided opinion on the matter.... Aside from this, there is the valid support for the ban of visible tattoos in the workplace based on the professional code of ethics and code of dress dictated by the employer....
4 Pages (1000 words) Essay

Gender Inequality in Employment Is a Result of Women Choices

The paper "Gender Inequality in Employment Is a Result of Women Choices" states that issues of gender and employment are correlated and affect the society as a whole.... After full implementation, the Equality Act was to consolidate and brings together previous anti-discrimination law, including the Sex Discrimination Act of 1975 and the then Equal Pay Act of 1970 into a similar piece of legislation.... Any organization loses a lot in terms of productivity whenever they isolate a particular gender....
8 Pages (2000 words) Essay

The Perennial Struggles of Women in the Workplace

An essay "The Perennial Struggles of Women in the workplace" claims that working women are usually faced with a multitude of challenges.... This paper will examine the existence (or non-existence) of equal opportunities of women in the workplace.... On top of balancing their duties and responsibilities as members of their families, they need to be efficient workers and competitive in their chosen professions....
7 Pages (1750 words) Essay

Differences between Men and Women in the Workplace

This paper aims to discuss the differences between men and women in the workplace.... It is not just gender that affects one's productivity, behavior or sense of responsibility; there are several other factors in collaboration with the nature of one's job that after all helps in identifying the real result Numerous debates and arguments have been coming up to illustrate if men are more productive in the workplace than women or vice versa.... Gender may cause discrimination in the workplace....
10 Pages (2500 words) Term Paper
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us