“Gender-plus” discrimination cases are also a type of disparate-treatment case. They arise in situations where an employer may not discriminate against females as a group across the board, but may discriminate against some females who have particular characteristics when the employer would not discriminate against males who had the same characteristics.
Example: Not hiring females with young children while not having any problem hiring males with small children; not promoting females who are overweight, while promoting males who are overweight. The justification for considering such discrimination to be illegal as gender-based discrimination, even though not all females at workplace are being discriminated against it, is the males are not subjected to the same standards.