Beginning Next Week: InsideCounsel will become part of Corporate Counsel. Bringing these two industry-leading websites together will now give you comprehensive coverage of the full spectrum of issues affecting today's General Counsel at companies of all sizes. You will continue to receive expert analysis on key issues including corporate litigation, labor developments, tech initiatives and intellectual property, as well as Women, Influence & Power in Law (WIPL) professional development content. Plus we'll be serving all ALM legal publications from one interconnected platform, powered by Law.com, giving you easy access to additional relevant content from other InsideCounsel sister publications.

To prevent a disruption in service, you will be automatically redirected to the new site next week. Thank you for being a valued InsideCounsel reader!

X

More On

The Price of Stereotyping

Price Waterhouse v. Hopkins established the right of employees to base a discrimination claim on sex role stereotyping. A partner in Price Waterhouse had recommended that a female associate walk more like a woman and go to charm school to have a better chance to reach the partner track. The Supreme Court upheld a Title VII violation when supervisors passed over the associate for promotion because she did not dress and talk as they perceived a woman should.

“After Price Waterhouse, an employer who discriminates against women because, for instance, they do not wear dresses or makeup is engaging in sex discrimination,” wrote the 11th Circuit panel in Glenn v. Brumby. “It follows that employers who discriminate against men because they do wear dresses and makeup or otherwise act femininely are also engaging in sex discrimination.”

Since the 1989 Price Waterhouse decision, many federal district courts have ruled that discrimination against transgender individuals violates Title VII, according to Jackson Lewis Partner Michelle Phillips.

Price Waterhouse placed discrimination based on sexual stereotyping on the map,” Phillips says.

Join the Conversation

Advertisement. Closing in 15 seconds.