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HR Hot Topics |
Gender Discrimination and Sex Discrimination
Once upon a time, sex discrimination claims were rather cut and dried: A man created a hostile work environment for a woman or a female employee was treated differently than a male worker. Related articles on Gender Discrimination Sex discrimination laws and court decisionsGender discrimination claims are almost exclusively filed under Title VII of the Civil Rights Act of 1964 (Title VII). Sex discrimination prohibited under Title VII includes discrimination based on pregnancy, sex stereotyping, and sexual harassment. Title VII does not prohibit discrimination based on sexual orientation but some state discrimination laws do. Also, through some creative wrangling with Title VII, some lawyers have successfully argued that a gay, lesbian, transsexual, or transgendered employee was discriminated against based on sex stereotyping. And the so-called “jerk defense” to sex discrimination -- the argument that it isn't discrimination when a coworker treats members of both sides of the gender aisle poorly -- has lost some ground in the courts. What happens when an employee files a sex discrimination charge with the EEOC?Before an employee can file a gender discrimination complaint against an employer under Title VII, she must file a charge with the Equal Employment Opportunity Commission (EEOC). If the EEOC finds the claim has merit, it may sue on her behalf. If it decides not to represent the employee, it will issue her a “right-to-sue” letter and then she can file a complaint and begin the litigation process. Sex discrimination claims are the second most frequently filed complaint with the EEOC, just behind race discrimination. Related articles on Gender Discrimination from the State Employment Law Letters
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