Legal Question in Discrimination Law in Kentucky
My employer, a nationwide chain, recently started searching our purses before we were aloud to leave the store. Howver, they only searched the night crew and they did not make the males turn out their pockets. There have been numerous complaints of things happeing throughout this store, but they have no reason to suspect anything from just the women. Does this violate any kind of employment law or EEOC law, since only the women were searched?
1 Answer from Attorneys
An employer is typically allowed to conduct a brief security/loss prevention search if announced in advance and if you consent (continued employment could be inferred as consent). If indeed the company searches only the bags of women and not bags carried by men, this could indictae a discriminatory practice on the basis of sex. If, however, the policy is applied fairly regardless of sex, the policy will likely be upheld as lawful.
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