Is this gender discrimination
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Is this gender discrimination
Employer found drugs in the
workplace. Women’s restroom.
All females were sent to drug
test. I refused because I
thought I was being
discriminated against due to
gender considering it was a
public restroom and was
terminated.
Asked on March 7, 2018 under Employment Labor Law, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
It may be a "public" restroom, but it was a *women's* room. It is not gender discrimination to require female employees to be tested when drugs are found in a place that only female employees should be in (and where a man entering or leaving that room would have been noticed and remarked upon). Gender discrimination is taking an employment action that is not based on some logical, reasonable ground but rather is simply, irrationally aimed at one gender or another; but if there is good cause for an action, it is not illegal discrimination even if affects one gender, not the other.
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