Many companies have dress codes that require men to wear suits and women to wear dresses. Is this discriminatory according to disparate treatment theory? Why?
The EEOC has ruled that discrimination based on sexual preference is, by default, a form of discrimination based on sex. In addition, the EEOC has ruled that Title VII does not allow gender identity-based employment discrimination because it is also a form of sex discrimination. The Supreme Court of the United States recently ruled in favor of same-sex marriage. This will be a challenging time for many decision-makers in organizations, especially those that do not approve of same-sex marriage.
While you might be tempted to discuss personal opinions of the morality of these and related issues, now is not the time. Rather, comment on what you think will be some of the issues facing HR Manager as these rulings are integrated into workplace decision-making. For example, it is now becoming law that organizations must soon provide benefits for non-traditional (LGBT) married couples that were previously granted only to traditionally (heterosexual) married couples. What other issues can you think of?