Every employee is protected by law against several forms of discrimination—one of which is discrimination based on sex. According to the Equal Employment Opportunity Commission (EEOC), two essential federal laws are enforced to help protect workers from sex discrimination and harassment: Title VII and the Equal Pay Act.
Title VII
- Title VII of the Civil Rights Act prohibits employers from treating you differently or less favorably than others based on sex. This act recognizes and protects individuals regardless of pregnancy, sexual orientation, or gender identity. Title VII forbids employers from making employment decisions based on stereotypes regarding abilities and traits that are associated with gender.
- Title VII applies to employers with at least fifteen (15) employees, including state and local governments, and also applies to the federal government, including employment agencies and labor organizations.
- Title VII protects everyone—male or female—from sex discrimination in the workplace.
Equal Pay Act
Under the Equal Pay Act, employers are required to give male and female employees equal pay for equal work, meaning that employers must pay men and women the same for doing virtually the same work in the same workplace.
A harasser can be anyone, regardless of their gender, to count as discrimination or sexual harassment. You do not need to be the direct target of the harassment; simply being affected by it can make you a victim of the harasser. The harasser’s intentions, offensive or not, do not matter. Online communications, such as e-mails, texts, or social media posts, can be perceived as harassment. If the harasser’s behavior creates a hostile work environment, it is considered harassment.
Minor teasing and offhand comments are not prohibited by law—including isolated incidents that are not serious and infrequent. If you experience repeated harassment or suffer negative job consequences, such as termination or demotion, as a result of harassment, it is illegal. You do not have to lose your job or suffer financial loss to be a victim of harassment.
What Establishes Sex Discrimination?
Title VII and the Equal Pay Act protect employees from discrimination based on sex with regard to employment decisions and equal pay; they also protect employees from non-sexual remarks. Non-sexual remarks are also considered sex discrimination. For example, non-sexual remarks that women or men do not belong in select jobs or positions, or that question either men’s or women’s skills and capabilities.
An employer may not implement policies or practices that favor one sex over the other or that disadvantage an employment opportunity of a particular sex. These policies are not essential to the operation of the business or workplace.
You are protected from discrimination and harassment based on your sexual orientation, pregnancy, or gender identity. For example, a new mother cannot be discriminated against for needing breaks to pump breast milk for her newborn child. Employers are required to provide reasonable accommodations for nursing mothers, such as private, non-bathroom spaces to pump and breaks to do so. Employers must accommodate your needs in compliance with the federal laws.
What Establishes Sexual Harassment from an Employer?
It’s important to understand that anyone in the workplace can perform sexual harassment. This includes supervisors, coworkers, and even individuals who are not directly employed by your company, such as clients or customers.
Sexual harassment is conduct that is sexual in nature and can occur in various forms, including:
Visual harassment: An employer or co-worker displaying sexual/inappropriate photos, including pornography, graffiti, or sexual gestures.
Physical harassment: An employer or co-worker inappropriately touching, which can range from unwanted touching to sexual assault and/or threats.
Verbal harassment: An employer or co-worker making sexual or suggestive jokes, offensive slurs, requests for sexual favors, and other conversations made in a sexual nature.
Sexual harassment is illegal when it is unwanted, severe, or pervasive enough to create a hostile work environment. Fortunately, laws exist to protect employees from experiencing sexual harassment in the workplace.
How Can I Stop Ongoing Harassment or Discrimination From an Employer?
It can be helpful for a victim of sex discrimination or sexual harassment to directly inform the harasser that the conduct is not welcome and that he or she needs to stop the behavior. Victims are encouraged to report to their Human Resources Department or any employer complaint grievance system.
If the harassment or discrimination continues, an assertive action would be to file a complaint. Furthermore, if you file a complaint, you are protected from retaliation. This means you cannot be punished or harassed for reporting sex discrimination, sexual harassment, or engaging in any other legally protected activity.
Is There a Time Limit to Begin a Complaint Against My Employer?
Federal employees typically have forty-five days from the date of the last incident of discrimination or harassment to contact an Equal Employment Opportunity (EEO) Counselor.
Non-federal employees typically have 180 days from the date of the last incident of discrimination or harassment to contact an EEO Counselor or to file a complaint.
If you believe you have experienced sex discrimination or harassment from your employer, contact our office to schedule an initial consultation. An experienced employment attorney can help you learn more about your legal options and rights. Remember, we all have the right to work in a safe and respectful environment.
