Sex Plus

"Sex plus" refers to policies or practices by which an employer classifies employees on the basis of sex plus another characteristic, such as marital status, race, or age. In such a case, an employer does not discriminate against all women, but a specific subclass of women (such as women with children, women over a certain age, or women of a certain ethnic background).

To bring a viable "sex plus" discrimination claim against an employer, you must show that one of the following is true:

• that the "plus" factor involved a permanent characteristic (such as race or age) or a fundamental right (such as the right to marry or have children)
• that the discrimination specifically affected the employment opportunities of one sex over the other