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There’s just no guessing about cross-dressing: Focus hiring on qualifications, not appearance

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in Discrimination and Harassment,Hiring,Human Resources

The Minnesota Human Rights Act (MHRA) prohibits employment discrimination against applicants based on sexual orientation. The law defines sexual orientation to include “having or being perceived as having a self-image or identity not traditionally associated with one’s biological maleness or femaleness.”

In addition, the federal Title VII outlaws dis­­crimination based on gender stereo­­typ­­ing (though not sexual orientation alone).

But both laws stipulate that an employer making em­­ployment decisions about an applicant or employee must actually know the person’s sex; there’s no violation unless the employer then acts on stereotypes about that sex or on the basis of sexual orientation.

While a man who wears dresses and makeup might make his orientation or self-image perception clear, that’s not true of a woman who dresses like a man, at least not according to a recent 8th Circuit Court of Appeals decision.

Recent case: Gag...(register to read more)

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