Sex Discrimination Occurs Where Employer Assumes That A Woman, Because She Is A Woman, Will Neglect Her Job Duties In Favor of Childcare Responsiblities, Court Rules

A mother of four, Laurie Chadwick, claimed that WellPoint, Inc. denied her a promotion based on the sex-based stereotype that mothers, particularly those with young children, neglect their work duties in favor of their presumed childcare obligations. Chadwick v. WellPoint, No 08-1685 (1st Cir, March 26, 2009). This was a "sex plus" claim which arise where "an employer classifies employees on the basis of sex plus another characteristic." The court ordered that Chadwick's case should go to trial, because "unlawful sex discrimination occurs when an employer takes an adverse job action on the assumption that a woman, because she is a woman, will neglect her job responsibilities in favor of her presumed childcare responsibilities.

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