Legal Question in Employment Law in Maryland
Gender Equity in Employment
An interviewer made a comment to a potential job candidate about his views concerning ''non-traditional jobs.'' He remarked that, ''he longs for the good old days when men were men, and women were women, and they did the jobs they were meant to do.'' Though not directed AT the candidate, subsequent remarks were laced with repeated references to ''fem-fem commies''. The applicant, a woman, was not considered qualified for the job and was not hired. The position remains unfilled.
1) Is this expression of opinion more than a violation of good hiring practices? What is the most current case law relevant to such an infraction? As a senior manager, what rights does the company have concerning reprimanding/firing this interviewer?
1 Answer from Attorneys
Re: Gender Equity in Employment
There are many facts that I would need in order to offer any type of comprehensive response. However, off-hand I think that such comments are much more than a violation of "good hiring practices". They give the direct impression that the sex of the job candidate was a factor in the hiring decision. Worse still, if they are repeated in the office with the knowledge of management and without management's appropriate response, then they create a similar impression among other current employees that sex of the employee is a factor in making hiring, promotional and other decisions. Plus, even without any detrimental decisions to any particular employee, they may create a "hostile" environment.
Management and the company should immediately take appropriate steps to protect themselves. This is not a question of the company's "right" to do so, it is a question of the company's "obligation" to do so, and a question of the company's interests in long -term self-preservation.
It may also be an issue of personal liability for those other senior managers who know about the problem and take no steps to correct it.
The particular caselaw on the issues above is broad and voluminious, and depends on specific facts as well as varying jurisdictions.
I would be happy to chat about this issue with you for a few minutes if you would like to provide further information. I can be reached at the address and telephone number below.
Lawrence R. Holzman, Esquire
Joseph, Greenwald & Laake, P.A.
6404 Ivy Lane, Suite 400
Greenbelt, MD 20770
(301) 220-2200
fax (301) 220-1214
Disclaimer: Please note that the posting of this response is not intended to constitute legal advice. You should contact an attorney to obtain information applicable to your situation. This posting is not confidential or privileged and does not create an attorney/client relationship.
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