127.9 Miscellaneous

Differences in male and female uniforms are permitted if they have some justification in commonly accepted social norms and if the standards are reasonably related to business needs. It is a commonly accepted social norm that, for females, a skirt or dress is a more formal article of clothing than pants. In this case, the Respondent’s requirement that females wear skirts was part of its marketing strategy to emphasize a more formal dining atmosphere than that offered in what are general characterized as “fast food” eateries. Furthermore, there was insufficient evidence that the job was made any more physically difficult by the requirement of wearing a skirt. Raczek v. Pizza Hut (LIRC, 05/11/94).

If a claim of sex discrimination is otherwise valid, it should not be rendered invalid because the discrimination does not run against the sex of the Complainant. In this case, the Complainant has stated a viable claim upon which relief could be granted when he alleged that his position was eliminated along with the position of a female friend when that female friend failed to “respond positively to sexual harassment” by the Respondent. The Complainant is alleging that his position was eliminated as a direct result of an illegal act of sexual harassment against his female friend. Christensen v. UW-Stevens Point (Wis. Pers. Comm’n, 01/24/92).

The employer was responsible for paying the Complainant’s reasonable attorney’s fees and costs because it responded inadequately when it learned of a supervisor’s acts of sexual harassment against the Complainant and because the supervisor was acting under color of his authority. Nelson v. Waybridge Manor, Inc. (LIRC, 04/06/90).

Despite the fact that the evidence raised serious questions about the attitude of the Respondent towards women as employees and raised the suggestion of discriminatory conduct in respects other than those raised by the complaint, the Complainant failed to demonstrate a causal connection between the apparent attitude of the department towards women as employees and the two day suspension she received for abuse of sick leave. Stephens v. City of Marinette Police Dep’t (LIRC, 11/06/87).

An employer need not have been found guilty of past discrimination before it can make a sex-conscious hiring decision. It need only point to a conspicuous imbalance in traditionally segregated job categories. For jobs that require no special expertise, the percentage of minorities or women in the employer’s work force may be compared with the percentage in the area labor market or general population, and where the job requires special training, the comparison should be with those in the labor force who possess relevant qualifications. Gordon v. City of Milwaukee (LIRC, 10/16/87).