Fallout From Sexual Harassment Laws
Q: If a company is sued for not hiring women, and
the company can clearly show that if it is sued for sexual harassment
that it will go out of business, is the company wrong for not hire
women? Its hiring only men not because it want to discriminate against
women but because it cannot afford a business-ending lawsuit.
A:Legally, they are in the wrong. It's similar to the problem that hazardous chemicals companies face: they cannot prevent women from working with hazardous chemicals, and the fact that the law requires that they hire women doesn't shield them from lawsuits alleging reproductive harm.