Alabama Sex Discrimination laws & HR compliance analysis

Alabama Sex Discrimination: What you need to know

Alabama has no state law that prohibits employment practices that discriminate on the basis of sex. However, Alabama employers with 15 or more employees are subject to federal fair employment law under Title VII of the Civil Rights Act of 1964 (Title VII). Employers covered under Title VII should train their supervisors and employees how to identify, report, and prevent sexual harassment in the workplace. There are additional details.
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Gender stereotypes. The 11th Circuit Court of Appeals has ruled that discrimination against a transgender employee because of her gender nonconformity is sex discrimination that violates the Equal Protection Clause of the U.S. Constitution (Glenn v. Brumby, 663 F.3d 1312 (11th Cir. 2011)). In this case, a transgender woman, who had been hired as a man, was fired from her job with the Georgia Legislature because her supervisor considered it "inappropriate" for her to appear at work dressed as a woman. In ruling for the employee, the court pointed out that several circuit courts have ruled that discrimination based on gender stereotypes is sex discrimination that violates Title VII of the Civil Rights Act of 1964. The court noted that a person is defined as transgender "precisely because of the perception that his or her behavior transgresses gender stereotypes."
Last reviewed December 2017.

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