Discrimination law has come a long way in the last half-century. As recently as 50 years ago, a major aviation company refused to hire women if they were mothers to very young children. 30 years ago, American Airlines still had a policy that called for the termination of female flight attendants if they were anything more than quite thin. For example, a 5’5” tall female flight attendant could be fired if she weighed 130 pounds or more.
Today, these types of employment actions and policies could potentially give a harmed worker a winning discrimination claim. They potentially represent a subset of discrimination law called “sex-plus” discrimination. In these circumstances, the employers aren’t committing “regular” sex discrimination, but are discriminating based on “sex plus” one other characteristic, such as sex plus motherhood status. It’s against the law and, if you have been harmed at work due to this type of discrimination, you may be entitled to a significant sum of damages, so you should take the time to contact an experienced New Jersey sex discrimination attorney right away.
Regrettably, this type of discrimination still occurs. The Third Circuit Court of Appeals looked at such a case last year, ruling for the fired employee. That employee, K.C.R., took a job in 2015 as a Pennsylvania-based district manager for a chain of adult bookstores. Her employment duration was extremely short. Her first day was Nov. 9. On Thursday, Nov. 19, she texted C.M., the man who had hired her, to tell him that she had gotten married that previous weekend. On Friday, Nov. 20, she was fired.