Human Resource Blog

Title VII in Pennsylvania

	Benefits
Total Compensation Summary Performance Improvement Plan Performance Appraisal and Review Employee Payroll Status/Change Form Employee Change Form

	Compensation
Employee Payroll Action Form W-4 Employee Withholding Allowance Cert. Employee Payroll Status/Change Form Direct Deposit Form Total Compensation Summary

	Hiring and Staffing
Complete Business Forms Kit CD Form I-9 Employment Eligibility Verification Employment Application Long Form Substance Testing Consent Form Pre-Employment Reference and Background Check Employment Offer/Acknowledgment Receipt of Employee Handbook New Hire Survey

	HR Management
Confidential Employee Folder Confidential Employee Medical Folder Job File Worksheet Folder Daily EEO Applicant Flow Log Workplace Information Sheets Request to Inspect Personnel Files

We have just received a complaint in Pennsylvania from a male nurse that believes that he has been denied a position in the neonatal intensive care unit because of his gender. Please confirm that such discrimination would be a violation of his Title VII rights.

You are correct; such discrimination would be a violation of an employee’s Title VII Rights. According to Title VII, employees should be treated equally and have the same opportunities in the workplace regardless of their age, race, gender, ethnicity, and national origin. Thus, it is illegal to discriminate against an employee for reasons that are based solely on one of these characteristics or that are associated with one of these characteristics.

Title VII prohibits employers from discriminating against employees and job applicants for reasons that are based on covered characteristics (such as gender and race) during any employment-related period of decision making, such as hiring, promoting, terminating, training, and compensation.

When it comes to a situation in which a male nurse was denied a position for reasons that he believes are associated with his gender, the employee could have been discriminated against because of stereotypes. For example, the employee might believe that a hiring manager would not place a male in a position in which he would be required to care for infants because of some stereotypes that men could be less sensitive and nurturing than females. In such a situation, discrimination based on stereotypes could have occurred and such discrimination is also prohibited by Title VII.

Keep in mind, however, that employees need to qualify to earn certain positions within a workplace. Thus, simply because an employee is a member of a minority group does not mean that an employee will be entitled to a job, even when an employer uses affirmative action in his or her hiring and employment-related practices. Thus, employees need to have the proper backgrounds, skills, and recommendations in order to be placed fairly in a position.

However, the Act only applies to current employees of the employer and to job applicants of the employer. The Act does not extend coverage to customers and clients of the employer. Also, the Act does not prohibit employers from discriminating against employees for reasons that are not covered, such as a disability. CB