Scott J. Wenner Comments on Increase in ‘Sex-Plus’ Gender Bias Lawsuits
On March 7, 2005 by Schnader in NewsSchnader partner Scott J. Wenner was quoted in the National Law Journal article, “‘Sex-Plus’ Gender Bias Lawsuits on the Rise.”
“Sex-plus” actions differ from traditional gender bias suits because they include claims of caregiver discrimination. According to the Worklife Law program at American University Washington College of Law, which tracks caregiver discrimination cases, there have been more sex-plus cases since 2000 than in all of the 1990s.
Sex-plus is the cause of action that courts have used since the Supreme Court of the United States first recognized the category in 1971. Plaintiffs in these cases are usually women with children, but cases are now involving male primary caregivers or plaintiffs with aging parents.
Scott has defended sex-plus suits and said most large employers with legal counsel have an awareness of sex-plus discrimination. “Sex-plus has been around a long time,” he said, “but it just hasn’t caught on to the degree of popularity we’re seeing today.” Scott added that if companies want to avoid litigation, they need to ensure that supervisors are receiving training in vulnerable areas like sex-plus.