Federal and state laws prohibit discrimination on the basis of sex in employment. It is unlawful to treat a person unfairly or disparately from others due to the person’s gender or sexual orientation.
Men as well as women can be targets of sex discrimination. Discrimination can be imposed by a supervisor or a peer.
A person must be treated fairly in all aspects of employment, including recruitment, hiring, job assignment, promotion, discipline, training, testing, layoff, and benefits. Also, a person may not be treated unfairly because he or she does not behave in conformity with conventional notions of how a gender should behave.
It is unlawful to harass an employee based on sex or to create or allow a hostile atmosphere to continue where an employee is being harassed due to his or her sex. Harassment can include behavior such as repeated incidences of name calling, references to physical parts of the body, displaying pornographic or lewd images, and telling off-color or offensive jokes.
Disparate Impact on Sexual Discrimination
Even where treatment is not on its face discriminatory, if the treatment has a disparate adverse impact on one gender, the treatment can be found to be discriminatory. An example of disparate treatment would be a requirement, such as being able to lift 50 pounds or more, that is not necessary to the job function but has the effect of discouraging women from applying for the job.
If you believe you have been discriminated at your job on the basis of your sex, you have many legal options and remedies available to you. You do not have to suffer at your workplace so that you can keep your job. An attorney experienced in employment discrimination matters can advise you on how best to address your situation and help you document the incidences of discriminatory behavior.
Anti-discrimination laws prohibit an employer from taking retaliatory action against an employee who complains of discrimination. Your attorney can take legal steps to ensure you are not punished because you are challenging unfair practices and policies at your job.