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Mississippi Sex Discrimination and Height

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In Mississippi, can a company set a minimum height requirement for hiring security guards? What is the difference between sexual harassment and a hostile working environment?

Under Title VII of the Civil Rights Act of 1964, a policy that limits opportunities in the workplace for a protected group is against the law, even when the employer never intended any discrimination.

Understand that Title VII prohibits discrimination in the workplace against race, religion, country of origin, color or gender. Note that many states have antidiscrimination laws at the state level, as well. Setting a height limit can rule out persons of certain races or ethnic groups, and eliminates a major percentage of women.

The U. S. Department of Labor states that if a legitimate business need exists, then it could be reasonable to set a height limit, but the burden of proof is on the employer.

Consider the tests utilized by police and fire departments. Officers and firefighters must pass regular tests regarding strength and stamina, because of the physical demands of their jobs. Establishing a test like that for security guard applicants could be an alternative for you. This type of test does not discriminate against any ethnic group, gender or race.

The difference between sexual harassment and a hostile working environment is not so much a difference as a sub-type. A hostile work environment is a type of sexual harassment and includes a scenario where an employee is subjected to abusive, hostile or insulting behavior because of gender.

Most people think of sexual harassment as “sex for job” demands and unwelcome sexual advances. It is only one type. A hostile work environment can be non-sexual, and occur without physical contact, and can apply to other types of discrimination, not just sexual.

A recent court ruling determined that racist literature in the employee break room and racial slurs on the walls created a hostile work environment for African American workers.

For hostile environment to be proven legally it must be an ongoing behavior and the employee needs to be aware of its existence. In a few cases, however, courts have determined that the employer should have known what was going on in its workplace even without a complaint, because the insulting behavior was pervasive. JH