July 28, 2026
Sex Discrimination? Women Supporting Women at Work
It can be a tricky balancing act. Women may seek opportunities to support one another at work. That might be through opportunities for professional development or advancement. That may be fine (or not). But what if the support includes exclusion of a male, such as exercising a preference to work with female colleagues? That’s where this case went awry.
A jury awarded one male plaintiff over $100,000 after finding that two female doctors prevented him from performing some of his regular duties. Why? Reportedly because they preferred to work with female colleagues.
Why was the employer held liable? The EEOC reports, “Although numerous complaints about the discrimination were escalated as high as the CEO, the hospital failed to follow its own anti-discrimination policies and refused to end the discrimination. At trial, a former company director testified that the surgical technician was a victim of the hospital’s culture of discrimination.”
Reminder.
- Ensure your EEO and anti-harassment policies and related training remind employees that laws prohibiting sex discrimination apply to males as well as females. As the EEOC reminds us, “Federal law affords all workers, male and female, the right to work in a discrimination-free environment.”
- When an employee expresses a concern about discrimination or harassment, conduct a prompt and thorough investigation.
- As you develop and administer programs to provide support for select employees, such as an Employee Resource Group (ERG), work with your company’s legal counsel to ensure it is done in a way that provides the intended support without creating legal liability.
