sex discrimination exam 2

Gender classifications

Gender classifications receive heightened scrutiny. The government must justify treating men and women differently

Real Differences Exception

A gender classification may be upheld when it is based on a real biological difference between men and women.

Disparate Impact (Equal Protection)

A law with disparate impact is unconstitutional only if the government acted because of, not merely in spite of, the impact.

Title VII, Civil Rights Act of 1964

Employers may discriminate only if sex is a bona fide occupational qualification (BFOQ). This is a narrow exception.

Sexual Harassment

Sexual harassment is a form of sex discrimination under Title VII. Includes both hostile environment (Harris) and same‑sex harassment (Oncale).

Disparate Treatment

Disparate treatment = intentional discrimination. The Burdine/Price Waterhouse framework governs proof and rebuttal.

Disparate Impact (Title VII)

A facially neutral employment practice that disproportionately excludes a protected group violates Title VII unless the employer proves it is job‑related and consistent with business necessity.