Unless a BFOQ,gender may not be the basis for an employment decision.All of the following are problematic,except:

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Title VII and state fair-employment-practice laws regarding gender cover the full scope of the employment relationship. Unless it is a BFOQ, gender may not be the basis of any decision related to employment. This includes the following, taken from actual situations: 1) Asking questions on an application that are only asked of one gender. For example, for background-check purposes asking the applicant's maiden name, rather than simply asking all applicants if there is another name they may have used. 2) Not taking into consideration legitimate differences between genders that can mean that treating them exactly the same may produce an undue hardship for the other, such as refusal to provide proper restroom facilities for all employees on construction sites. 3) Terminating the employment of an employee of one gender for reasons that would not serve as the basis for termination for an employee of the other gender. For example, terminating a female employee for cursing or fighting on the job, when males engaged in similar activity are retained.

Unless a BFOQ,gender May Not Be the Basis for an Employment