Sex Plus
"Sex plus" refers to policies or practices by
which an employer classifies employees on
the basis of sex plus another characteristic,
such as marital status, race, age, or
grooming standards. In such a case, an
employer does not discriminate against the
whole class of women, but treats differently
a specific sub-class of women (for example,
women with preschool-age children, women
over 40 years of age, or African-American women). For this type of
discrimination claim to be viable, the plaintiff must show that the "plus" factor
involved at least one of the following:
* a permanent or immutable characteristic such as race or age;
* a fundamental right, such as the right to marry or have children;
* that the discrimination specifically affected the employment opportunities
of one particular sex over the other.
