Are employers allowed to maintain separate facilities or locations for males and females?

In Texas, employers are allowed to maintain separate facilities or locations for males and females as long as the separation is based on a bona fide occupational qualification (BFOQ). A BFOQ allows employers to make employment decisions based on sex in order to ensure the orderly operation of their business. For example, if an employer runs a bathing suit store, then it might be necessary to hire only female employees to model the clothing. However, employers must also be aware that they cannot use separate facilities as a way of discriminating against a protected class. For instance, if an employer were to provide superior working conditions or pay to one gender over another, then this could be seen as evidence of discrimination and may be in violation of federal and state laws. Additionally, employers must be mindful of how they communicate their policies and procedures related to these separate facilities. For example, if an employer advertises that it has separate facilities for males and females, then this could be seen as evidence of discrimination because it implies that certain genders are restricted from certain roles. Therefore, employers should make sure that their policies and procedures do not appear to be discriminatory.

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Are employers allowed to maintain separate facilities or locations for males and females?

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