Sex Discrimination in the Security Industry: Allegations Cost Firm $1.6M

Could discriminatory employment practices land your security firm in hot water? One large security company out of Alabama is paying $1.6 million to settle a sex discrimination lawsuit, according to Business Insurance. Other security companies are asking whether they may be next.

A Male-Dominated Industry

The security industry has traditionally been male dominated, something that persists today. In fact, data from the U.S. Bureau of Labor Statistics shows that only 27% of security guards and gambling surveillance officers are women.

Some women may be uninterested in security careers due to the perceived danger. However, women may also hold fewer security positions due to widespread discrimination and harassment – even though companies may face sex discrimination charges for the practice.

Even when security firms mean well, four common mistakes may put them on the wrong side of employment law.

Mistake #1: Excluding Women from Certain Positions

The allegations in this case serve as a reminder that companies cannot exclude women from certain posts due to their gender, regardless of intent. According to the EEOC, it is illegal to discriminate against someone due to race, color, religion, sex, national origin, age, disability, or genetic information. Companies cannot use these characteristics in any stage of the employment process, including recruitment, hiring, promotions, and terminations.

For example, a security firm cannot post a job ad that seeks “strong men” to apply for a position, as that would be discriminative toward women. Likewise, a security firm cannot hire a less-qualified man over a more-qualified woman due to the man’s gender.

Mistake #2: Mishandling Concerns Surrounding Pregnancy

The EEOC says the federal protections against discrimination on the basis of sex include protections for pregnant workers. In other words, it is illegal to use a worker’s pregnancy as a factor when making employment decisions like hiring or firing.

In addition, employers must provide reasonable accommodations for limitations that arise due to pregnancy, childbirth, or related medical conditions. In some cases, pregnant workers may request light duty or leave because they cannot safely perform their jobs.

Mistake #3: Not Taking Steps to Protect Workers from Harassment

Employees have the right to a workplace that is safe and free of harassment. Employers may be liable for failing to provide this – even if the unwanted behaviors come from people not associated with the company.

For example, NPR says a lawsuit accused McDonald’s and its franchisees of failing to protect workers from violent customers. The lawsuit claims there is a nationwide pattern of customers attacking and harassing workers and employers failed to take steps to protect workers from these threats. In another case, McAfee & Taft says a woman filed a lawsuit against a casino where she worked, claiming that repeated customer harassment created a hostile work environment and that the casino failed to take reasonable corrective measures.

Such cases should be of interest to security firms. The nature of the job means security guards may be vulnerable to threats and harassment from third parties. If employers do not take reasonable steps to protect employees, they could face lawsuits for allowing a hostile work environment.

Mistake #4: Hiring or Promoting Women Based on Gender

Since women are underrepresented in the security sector, some employers might think the best way to fix this is to hire and promote more women – but that could also lead to claims of sex-based discrimination.

Under the EEOC, it is illegal to use sex as a factor in employment decisions. It doesn’t matter whether you’re giving preferential treatment to men or women – it’s illegal either way. If men think they have been passed over in favor of less-qualified women, they may sue. According to HR Dive, attorneys are warning that “reverse discrimination” lawsuit risks are growing.

Protect Your Security Firm with Employment Practices Liability Insurance

There’s a fifth mistake that security firms sometimes make: not securing sufficient employment practices liability insurance (EPLI).

Employment practices liability insurance provides coverage for lawsuits alleging discrimination, harassment, wrongful termination, and certain other employment-related actions. If you’re sued, EPLI will cover the defense costs as well as any awards or settlements, subject to the terms of the policy.

Tangram provides insurance designed for the security industry, including workers’ compensation and general liability insurance with an EPLI enhancement. Learn more.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. The lawsuits discussed are based on publicly reported allegations and do not imply a finding of wrongdoing unless stated otherwise.