Understanding Sex Discrimination in the Workplace

Sexual discrimination is defined by the U.S. Equal Employment Opportunity Commission (EEOC) as the treatment of someone, an applicant or employee, in an unfavorable way because of that person’s sex. The mistreatment of an individual due to their sexual preference or gender identity is considered sex discrimination because it violates Title VII of the Civil Rights Act of 1964. On a federal level, this statute prohibits employers from discriminating against employees on the basis of sex, race, color, national origin, and religion.

The Title VII law applies to businesses with 15 or more employees, and protects against discrimination in all aspects of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, benefits, and more. Additionally, if a place of employment has a policy or specific protocol they follow that applies to everyone, it can be considered illegal if it results in a negative impact on employees of a certain sex, is not related to the job at hand, or deemed unnecessary to the business’s day-to-day operations.

Sex discrimination can be seen in various ways. These are five common examples of how sexual discrimination might occur in the workplace:

• Harassment
• Equal Pay/Compensation
• Promotional Bias
• Interview Questions
• Pregnancy Discrimination

Here, we look further into each of these types of sex discrimination in the workplace.

Sexual harassment includes any kind of unwelcome or unwarranted sexual advance from one person onto another, requests for sexual favors, any verbal or physical harassment that is deemed sexual, as well as offensive remarks about a person’s sex such as, making offensive comments about women.

Another example of sexual harassment is when both male and female employees have the same pay, perks, and benefits as part of company policy, but the female does not receive the same kind of respect or accolades as her male counterpart due to her gender.

Anyone can be a victim or harasser in the case of sex discrimination. A man can harass a woman and vice versa, and in some cases, the victim and harasser can be the same sex. As for roles within the workplace, the victim can be harassed by their own supervisor, a supervisor in another area, a co-worker, or even a client or customer.

It should be noted that friendly teasing, offhand comments, and incidents that are not seen as overly pressing are not prohibited by the law. Once the incidents become more frequent or more serious, resulting in an uncomfortable or hostile work environment for the victim, or the victim experiences an unfavorable employment decision such as being fired or demoted, it becomes an issue of the law.

The Equal Pay Act requires men and women to receive equal pay for equal work. The equality of the two jobs is determined by job content – not title – and covers all forms of pay, including salary, overtime, bonuses, stock options, profit sharing, bonus plans, life insurance, vacation and holidays, cleaning or gas allowances, hotel and travel accommodations or reimbursements, and benefits.

Discrimination based on sex in regards to pay and benefits is also covered by Title VII, meaning that someone who has an Equal Pay Act claim may also be able to file a claim under Title VII.

Promotional bias is what happens when an employer withholds an opportunity for promotion from an employee because of their sex. This classic example of sex discrimination in the workplace most commonly prevents women from being hired as senior and executive positions or advancing past a certain point of employment because of their gender, despite possessing the right skills and experience needed for the job. One of the main reasons an employer may use to justify their decision is when the female employee in question has children.

The interview process should be similar regardless of sex. There are some questions that are illegal for an employer to ask during a routine interview. These include questions that involve a person’s gender, sexual preference, marital status, or parental status – all of which have nothing to do with the job at hand or the potential employee’s ability to work.

Pregnancy discrimination involves the treatment of a woman applicant or employee in an unfavorable way because of anything related to pregnancy or childbirth. Any type of discrimination based on pregnancy is strictly prohibited by way of the Pregnancy Discrimination Act. This includes all aspects of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, benefits, and more.

It is also against the law to harass a woman because she is pregnant, has given birth, or has any kind of medical condition related to pregnancy or childbirth in any way. Pregnancy harassment has the same conditions as sexual harassment in that the harasser can be the victim’s supervisor, a supervisor from another area, a co-worker, client, or customer. When the harassment becomes frequent enough that it results in a hostile or uncomfortable work environment for the victim, it becomes a legal matter.

Employees have 180 days to file a charge with the Equal Employment Opportunity Commission if they have experienced sexual discrimination. This 180-day time limit is extended to 300 days if a state or local agency enforces a law that prohibits employment discrimination on the same basis.

After the act in question has taken place, report the harassment to your company’s human resources department and make sure all details are documented in full detail. Take note of dates, times, and what exactly happened. This is important because a successful claim relies on two main things being proven: that the employer tried to do something about the harassing behavior and that the employee who was doing the harassing refused to cease and desist.

The EEOC has a user-friendly portal on its website, available to the public, that allows people to file a claim, find their closest EEOC office, and obtain information and guidance about the process of filing a claim.