Understanding Mixed-Motives Claims Under the Civil Rights Act of 1991: An Analysis of Intentional Discrimination Claims Based on Sex-Stereotyped Interview Questions

Abstract

During a job interview an employer asks a female applicant whether the position would interfere with her child care arrangements, her childbearing plans, or her relationship with her spouse. These questions represent sex stereotypes, that is, a "set of attributes ascribed to a group and imputed to its individual members because they belong to that group." The employer does not pose these questions to male applicants and ultimately selects a well-qualified man for the position. The female applicant subsequently files a "mixed motives" discrimination claim, alleging that the employer based a hiring decision upon both discriminatory and legitimate considerations. Has this employer violated Title VII of the Civil Rights Act of 1964 by posing questions based on sex stereotypes to the female applicant during a job interview?