Assume you are the new human resources manager for a company that
adheres to the following policies. For each policy, explain if it
violates Title VII, and, if so, why. Also, for each policy, explain
whether it makes a difference if the employer is an at-will employer, a
government vs. a private employer, whether any discrimination was
unintentional, and whether any adverse employment action was only partly
due to the policy.
Policy #1: Women are
required to make a greater contribution to the company pension plan
based on their life expectancy, which exceeds men’s. The percentage
shall be adjusted annually based on actuarial tables.
Policy #2: In
jobs that require strict attendance during working hours, women with
children under the age of 12 shall not be hired due to a demonstrated
history of absenteeism based on their children’s childcare emergencies.
Policy #3: A
gay yoga instructor shall be prohibited from informing customers that
he is gay, even if he is doing so in order to make them feel more
comfortable when he touches their arms or legs to demonstrate proper
technique.
Policy #4: An employee who has
undergone or plans to undergo gender transitioning shall, as soon as
possible, inform the company of the employee’s name and gender and
facilitate needed changes to the employee’s records and archives.
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