"A fair workplace rises when all are valued equally."
Navigating Sex & Pregancy Discrimination
What Is Sex Discrimination?
Sex discrimination involves treating someone (an applicant or employee) unfavorably because of that person's sex, including the person's sexual orientation, transgender status, or pregnancy.
What Could Discrimination Look Like?
Discriminating against an employee or applicant because of their sex. A man or woman is passed over for a position because they would like the role filled by someone of a particular sex rather than for the skill set of the role.
A pregnant person is not offered the position based on their current condition.
Experiencing lewd jokes, comments, or stereotypes at the expense of a certain gender/
or sex.
How to Avoid Sex-based Discrimination?
Foster a culture of respect, inclusivity and anti-discrimination. Make promotion and employment decisions based on merit rather than person affects.
Sex & Pregnancy Discrimination Protections Under Title VII
- Hiring, Promotion, and Employment Decisions
- Employers must not base hiring, firing, pay, promotions, job assignments, layoffs, or benefits on an individual’s sex or pregnancy status. All employment practices should be applied consistently and focus solely on job-related qualifications. Practices that disproportionately exclude certain genders or pregnant employees may be unlawful.
- Pre-Employment Inquiries
- Asking about an applicant’s sex, pregnancy status, or family planning before hiring may suggest discriminatory intent and can serve as evidence of unlawful discrimination if used in selection decisions. When such information is collected for legitimate purposes, such as affirmative action or reporting, it should be kept separate from the hiring process to avoid bias.
- Compensation and Employment Terms
- Discrimination based on sex or pregnancy in pay, benefits, work assignments, performance evaluations, training, discipline, or discharge is prohibited under Title VII. Employers must ensure that workplace policies and practices apply equally to all employees, regardless of gender or pregnancy status.
- Harassment
- Harassment based on sex or pregnancy (including offensive jokes, unwanted comments, or derogatory behavior) is unlawful when it creates a hostile or intimidating work environment or interferes with an employee’s job performance. This protection also covers harassment based on perceived sex or pregnancy, even if the perception is inaccurate.
- Retaliation
- Employees are protected from retaliation when they oppose sex or pregnancy discrimination or participate in EEOC investigations or complaints, such as filing a charge or assisting in an inquiry.
- Segregation and Classification
- Separating employees, assigning them only to certain roles or locations, or making employment decisions based on sex or pregnancy is illegal. Gender or pregnancy status can never be considered a valid job qualification under Title VII.
- Employment Agencies, Labor Organizations, and Training Programs
- Employment agencies and labor organizations may not discriminate in job referrals, membership, or access to training opportunities based on sex or pregnancy. Employers must ensure that apprenticeship programs and other training opportunities are equally accessible to all employees, regardless of gender or pregnancy status.
How Can Goodwin Recruiting Assist?
At Goodwin Recruiting, we are committed to promoting fair, inclusive, and equitable hiring practices that align with EEO laws, including protections against sex and pregnancy discrimination. We partner with organizations to build hiring strategies that attract top talent from all genders while minimizing legal and ethical risks in the recruitment process.
Here’s how we can help:
✔ Inclusive Recruitment Strategies
We ensure our sourcing and recruiting methods do not rely on limited networks or biased criteria that could exclude qualified candidates based on sex or pregnancy status. Our recruiters actively promote diverse candidate slates and apply consistent, job-related qualifications across all positions.
✔ Bias-Free Screening and Evaluation
We help our clients design screening processes that focus solely on skills, experience, and job-related qualifications. Our team is trained to identify and remove unconscious bias that could affect resume review, interview questions, or candidate evaluation, ensuring fair treatment for all candidates.
✔ Interview Process Support
We provide guidance on structuring interviews and best practices to ensure compliance with EEO standards. This includes advising clients on lawful and appropriate questions, avoiding assumptions based on gender or pregnancy, and maintaining consistent evaluation criteria for every applicant.
✔ Education and Awareness
Goodwin Recruiting offers resources and training to help hiring managers recognize and prevent practices that could unintentionally discriminate against candidates based on sex or pregnancy. This includes guidance on policies or practices, such as leave policies or workplace accommodations, that may disproportionately affect pregnant employees or candidates.
✔ Compliance Alignment
We stay up to date on EEOC regulations and federal employment law to help our clients remain fully compliant. By emphasizing fair hiring practices and equal opportunity, we support organizations in creating respectful, inclusive, and high-performing workplaces.
Partner with Goodwin Recruiting to ensure your hiring practices are fair, inclusive, and fully compliant with protections against sex and pregnancy discrimination under EEO laws. Contact us today to learn how we can help you attract the best talent from every background.
