Top Sex Bias Developments in 2021

9th Circ. Says ‘Paramour Preference’ is Aboveboard

A Ninth Circuit decision that a so-called paramour preference is not illegal under Title VII of the Civil Rights Act of 1964 also warrants attention, said Domenique Camacho Moran of Farrell Fritz PC.

An obstetric lab supervisor accused of giving favorable treatment to a female subordinate he was dating did not break federal sex discrimination laws, the federal appeals court ruled Aug. 20.

“It’s an interesting twist on workplace romance,” Camacho Moran said of the case.

The panel said in a published decision that the supervisor’s motivation behind the preferential treatment was his relationship with the woman, not her sex, so his actions didn’t run afoul of Title VII.

“I think the court essentially says, ‘Look, this is not about sex discrimination. This is about a personal relationship,'” Camacho Moran said.

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Cuomo’s Fall Headlines 2021’s Top Sex Bias Developments – Law360 Employment Authority