Appeals court mulls sex-preferential treatment.
| Date | 01 December 2022 |
When, if ever, is it OK for an employer to provide one sex with preferential treatment in scheduling? Most HR professionals would immediately answer "never" if doing so amounts to sex discrimination. Preferring one sex over another would seem to be blatant discrimination based on sex.
But in August, a 5th Cir cuit Court of Appeals panel ruled that sometimes it's perfectly fine to prefer men over women for weekends off. The court's rationale back then was that scheduling isn't an "ultimate employment decision" that triggers Title VII's sex discrimination protections. No...
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