Texas Employer Barred Men And Women From Being Alone Together, Suit Claims

As a partner at a Dallas-based law firm, Kimberly A. Elkjer felt isolated. "She just thought the guys wouldn't hang out with her, and she didn't know why," says her attorney Amy Gibson. But then, Elkjer claims, she discovered that the law firm had an actual policy that prevented that, either in the office or outside of it.

Scheef & Stone LLP allegedly had a policy banning male and female employees from working alone together, in addition to a no-fraternization policy that extended that prohibition outside the office doors. Now Elkjer is suing the firm, claiming that these bans prevented women from advancing like their male colleagues.

While the rules are no longer in effect, Elkjer's lawsuit says, they created a segregated culture that persists -- a culture that denies female attorneys the same opportunities for business and for raises as their male colleagues, and hurts their ability to work. This violates the Texas Commission on Human Rights Act, her suit states, which prohibits employers from making decisions that harm the "terms, conditions, or privileges" of employees on the basis of gender.

"If their concern was harassment or something, you wouldn't do that to African American employees," says Gibson. " 'We're afraid someone will accuse us of racial harassment, so white employees can't be alone with African American employees.' That's crazy."