Question

(T/F)When hiring, Title VII generally permits employers to consider stereotypes based on gender, such as the fact that women tend to be less "aggressive" than men.

Answer 1

It is false that Title VII allows employers to consider gender stereotypes when hiring. Title VII prohibits discrimination based on sex and establishes a strict criteria for when gender-based hiring is permissible through BFOQs, which doesn't include the use of stereotypes.

Step-by-step explanation:

The statement that Title VII generally permits employers to consider stereotypes based on gender, such as the fact that women tend to be less "aggressive" than men, is false. Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on sex, among other categories. This includes making hiring decisions based on gender stereotypes and biases.

According to Conroy, Martin, and Nadler (2020), prescriptive stereotypes limit women's advancement to leadership positions, and men are often appreciated for being ambitious, while women who exhibit assertive behavior may be perceived negatively. Courts have established a three-part test for sex-related bona fide occupational qualifications (BFOQs), which are narrowly defined exceptions allowing for gender-based hiring in very limited circumstances where gender is essential to the job. However, these exceptions do not permit the use of stereotypes in hiring practices.