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MEMORANDUM TO: Chief Operating Officer FROM: Braelyn Ayala DATE: March 26, 2023 SUBJECT: Advising on Employment Law Issues I. ISSUES Determining whether it is legal to give males and females the same promotional test may be controversial; however, it is crucial to understand the importance of handing out similar tests to both males and females when given the opportunity. II. CONCLUSIONS When addressing the idea of giving out the same promotional tests to both males and females, it is definitely legal to do so. By preventing a similar promotional test, it is argued that the act becomes a display of unlawful gender discrimination. III. ANALYSIS I. Equality in the Workplace In the workplace, an individual is constantly being evaluated based on performance and quality of their work. When it comes to giving an employee an opportunity to gain a higher a position and make more money, companies often hand out promotional tests. Depending on the field of work, some argue that different tests should be given to those of different genders. Additionally, there are some requirements that should be taken into consideration for any promotional test handed out in the workplace. Not only will handing out the legal, it will also aid in helping the company. By giving both males and females the same promotional test, it only aids to improved national productivity and economic growth, (Commonwealth Government of Australia, 2023). II. Why Gender-Based Promotional Tests are Outdated A company in healthcare, for example, needs all of their employees to be on the same page as far as job description goes. This includes having all employees, despite of age, race, or gender, to be fairly treated and be trained the same. When addressing promotional tests, it becomes unlawful to not hand out the same test to both a male and female when applying for the same promotion. Promotion discrimination occurs when an employee is passed on a promotion based on their differences, (Polaris Law Group, 2022). It is easy to assume that females should be given “easier” or less focused tests than males due to societal beliefs. In more intense laboring jobs, males seem to have more of a fit compared to woman. However, this belief is outdated and there are laws that prevent these sorts of beliefs from entering the workplace.
III. Price Waterhouse V. Hopkins In 1989, an issue surrounded employee discrimination was brought up to the Supreme Court regarding an employee denying an employee a job promotion based on her gender. In order to secure a partnership with the company and gain an opportunity to take on a higher position, she was told to act more like a woman should, (Examples of Court Decisions, 2023). The Supreme Court ruled this issue as sex discrimination in the workplace which is deemed unlawful. In regard to promotional tests given at work, there could be risks due to employers altering tests based on their expectations of their candidate. A woman applying for a higher position in a firefighting field could be given questions based on first aid while a man applying for the same position gets a test on saving someone from a fire. IV. When Promotional Tests Would be Legal The U.S Equal Employment Opportunity Commission states that it is in fact illegal to exclude people of a certain race, color, religion, sex, national origin, or disability to a promotional test, (US EEOC, 2023). The only exception to this law would be if the employer can prove that the test is necessary and relates to the job. Therefore, it is most definitely illegal to give one gender a different test for a job promotion than the other. V. What are the Next Steps? To expand and attack this issue, it can be proposed that all employers in the workforce are reminded of this law. It is easy to overlook this issue as it has been overlooked many times in the past. However, it should be promoted for employees to feel equal in their workforce and comfortable with who they are. Employers should also be drawn to create diversity in the workplace. The University of North Carolina has done studies on diverse teams compared to individuals. The study showed that diverse teams outperformed individuals by 87%, (The University of North Carolina, 2021). Promoting more diverse teams in the workplace decreases the urge to discriminate against any differences amongst individuals. In time, this will shortly diminish any gender discrimination and in turn teach employers to hand out the same test for both genders. IV. REFERENCES Commonwealth Government of Australia. (2023). What is workplace gender equality? WGEA. Retrieved March 27, 2023, from equality#:~:text=Achieving%20gender%20equality%20is%20important,national %20productivity%20and%20economic%20growth Polaris Law Group. (2022, July 7). How to determine if you are experiencing promotion discrimination . Polaris Law Group. Retrieved March 27, 2023, from
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