Sexual discrimination at work occurs when any employment decision is made based on a person’s gender, such as a denial of promotion. Employers who discriminate against transgender individuals are also committing sexual discrimination. These laws also apply to job applicants as well as those connected to outside groups who may be associated primarily with one gender.
Although a company policy may apply to all workers, it could be considered discriminatory if it disproportionately impacts one gender over the other. This is true in cases where the policy has nothing to do with performing job responsibilities or has any impact on the success of the company. In cases where discrimination does occur, the victim and the harassing party may be of the same sex.
Additionally, those performing the harassing actions may or may not be the victim’s supervisor. It is possible that the victim and the perpetrator of the harassment are at the same level within the company. Furthermore, harassment could come from outside the company from customers or from other clients who may work with as opposed to for the company.
Those who feel as if they have been the victim of sexual harassment at work due to their gender may wish to talk to an employment law attorney. An attorney may be able to help a worker take legal action against his or her employer, which could result in a financial award or reinstatement. If a worker is reinstated, they are generally entitled to full pay and benefits as if he or she never left the company.
Source: EEOC, “Sex-Based Discrimination”, Jan. 13, 2015
