Rhode Island Sex Discrimination and Height
Posted by Tamara
Several employees in Rhode Island wonder if it is legal for an employer to set a minimum height or weight as a requirement for employment.
In most cases, the answer is no. Under Title VII of the Civil Rights Act of 1964, a policy that limits opportunities in the workplace for a protected group is against the law, even when the employer never intended any discrimination.
Title VII prohibits discrimination in the workplace against employees due to their race, religion, country of origin, color or gender. Note that many states have antidiscrimination laws at the state level, as well. Setting a height limit can rule out persons of certain races or ethnic groups, and eliminates a major percentage of women.
The U. S. Department of Labor states that if a legitimate business need exists, then it could be reasonable to set a height limit, but the burden of proof is on the employer.
Sex discrimination and sexual harassment occurs when a Rhode Island employee is subjected to offensive behavior in the workplace because his or her gender. This can include unwanted physical contact, verbal comments, or demands for sex as a requirement of continued employment. Sexual harassment can also include non-sexual and non-physical behavior.
For example, a female firefighter received pictures of naked women in her work mailbox every day for six months. This is sexual harassment and discrimination, because the employee is forced to work in a hostile work environment.
Though the term hostile work environment was first applied to sexual harassment, it applies to other types of discrimination. A recent court ruling determined that racist literature in the employee break room and racial slurs on the walls created a hostile work environment for African American workers.
For a hostile work environment to be proven legally it must be an ongoing behavior and the employer needs to be aware of its existence. In a few cases, however, courts have determined that the employer should have known what was going on in its workplace even without a complaint, because the abusive behavior was so pervasive.
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