The Supreme Court granted certiorari to resolve "whether, as against the shield of sovereign immunity afforded the State by the Eleventh Amendment, Congress has the power to authorize federal courts to enter such a [monetary] award against the State as a means of enforcing the substantive guarantees of the Fourteenth Amendment.
Talton and Jonathan M. If employers consider paid work experience in selection or assignment decisions, they also must consider unpaid or volunteer work experience. For example, employers can't bar women from jobs that require a certain number of hours or bar them from jobs that require lifting or carrying a certain amount of weight.
In addition, employers can't offer fringe benefits to male employees' wives if these benefits aren't offered to female employees and vice versa. It is the content of the job, not job titles, that determines whether jobs are substantially equal. Gender identity is a person's gender-related identity, appearance, or behavior, regardless of whether these traits are traditionally associated with the person's physiology or assigned sex at birth.
We decline to do so. Olenchuk and Bryn S. Employers can maintain different pay scales or provide different terms of employment pursuant to merit systems or systems that vary pay based on production quantity or quality or locality differences if these pay variations do not discriminate based on sex.
In addition, employers can't ask applicants about their name if doing so would reveal their sexual orientation. Sex discrimination under Title VII of the Civil Rights Act of also covers discrimination based on pregnancy, childbirth or a related medical condition. Of their consistent, uniform assertion of their gender-related identity.
By Lisa Bigelow. They also can't maintain separate lines of progression or separate seniority lists based on sexual orientation if this practice adversely affects anyone. However, employers must allow employees to appear, groom, and dress in ways that are consistent with their gender identity.
Sexual orientation means having a preference for heterosexuality, homosexuality, or bisexuality; having a history of such preference; or being identified with such preference. Gender identity means individuals' internal understanding of their gender or a person's perceived gender identity, which can be male, female, a combination of male and female, neither male nor female, a gender different from a person's assigned sex at birth, or transgender.
Currently, a similar measure is being heard in the Nebraska legislature. Higher fringe benefit costs for employees of one sex can't be used as a defense against charges of sex discrimination. Employers can, however, refuse employment if sex is a bona fide occupational qualification that has been certified in advance by the Civil Rights Commission.
See U. For example, employers can't condition fringe benefits on whether employees are the head of their household or the principal wage earner of their family.