Gender-stereotyping cases represent a type of disparate treatment cases in which decisions are made adverse to female or male employees or job applicants based on commonly held preconceptions or stereotypes about male or female gender rather than on their qualifications or abilities. These cases can be troublesome for employers because some gender-based stereotypes are so subtle or widespread that the employer may not be consciously aware that they are making improper workplace decisions based on stereotypes. Workplace decisions based on gender stereotyping is prohibited by Title VII.
As a general matter, gender-stereotyping problems tend to arise in two types of situations:
(1) where a trait, quality, or characteristic considered to be a positive or a negative for a particular job is believed to be generally possessed by persons of one gender but not the other; or
(2) where a desirable behavior for a particular job is believed to be inappropriate if engaged in by a member of one gender but not the other.
Example of the first situation: Nursing. Generally, nurturing abilities would be considered to be important for the position of nursing. Common gender stereotyping would be a belief that females tend to have nurturing abilities that are superior to those found in males. This gender stereotyping could have the effect of causing well-qualified, nurturing males to be disqualified for nursing positions in favor of less-qualified females.
Example of the second situation: The Price Waterhouse case discussed in the text. In that case, the employer considered “aggressive, hard-nosed” behavior to be valuable to the company and essential in qualifying a person to be promoted to a partner position. The employer was found to have illegally failed to promote a female to partner despite her having demonstrated such behaviors. The employer considered such behaviors to be inappropriate for a female employee to engage in.
Discussion: Please post your response and comment on someone else’s posting:
Have you experienced gender stereotyping in the workplace? How did you resolve it? If not, why not? Give example(s).