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Sex / Gender Discrimination: Overview
Title VII also prohibits sex discrimination in on-the-job and apprenticeship programs, retaliation against an employee for opposing a discriminatory employment practice, and sexually stereotyped advertisements for employment positions.
Workplace Harassment as Sexual Discrimination
Workplace harassment is another form of unlawful discrimination. Employers must not only grant women and men equal pay and opportunities, they must also remedy any sexual harassment situations that are known, or of which the employer should be aware. This includes both harassment of lower-tier employees by a manager or executive of lower position, and sexual harassment among coworkers. Harassment involves unwanted sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. It is illegal for an employer to make sexual conduct a condition or term of employment, to base employment decisions on such conduct, or to permit sexual conduct that unreasonably interferes with an employee's work performance or creates an intimidating, hostile or offensive work environment. Lewd comments, unwanted touching, displays of sexual objects or photographs, or offensive cartoons or drawings may constitute sexual harassment when they interfere with an individual's work performance.
Getting Legal Help for Sex Discrimination in Employment
Over the last few decades, Congress and the courts have taken significant steps to overcome sex discrimination. Most employers have procedures for reporting sexual discrimination, but these cases can still be difficult for an affected employee to address. Sometimes legal action becomes necessary when an employer takes a discriminatory position against a female or male employee based on sex. Speaking with an experienced employment law attorney can help you to protect your rights and to pursue a proper remedy if you've been the victim of discrimination.
FAQs
- When an employee takes time off to give birth to a child, will she get her old job back?
- Is there any exception under Title VII that allows the employer to take sex into account in providing fringe benefits?
- May an employer require a worker to take leave when she becomes pregnant?
- May employers fire female workers who get married?
- May an employer refuse to hire an applicant because she is pregnant, or fire a worker who becomes pregnant?
Employees' Rights Resources
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