Sexual Discrimination

Sexual discrimination, also known as sex-based or gender discrimination, occurs when an employer treats an employee inequitably or unfairly based on his or her gender. Title VII of the Civil Rights Act of 1964 ("Title VII") protects individuals from employment discrimination on the basis of gender. Title VII applies to all private employers, state and local governments, employment agencies and labor organizations that employ fifteen or more individuals.

Prohibited Conduct

Discrimination occurs when an employer grants or denies privileges, opportunities, or rewards to a person on the basis of their sex. Title VII prohibits such conduct when it affects the "terms and conditions" of employment. Specifically, Title VII has been interpreted to prohibit the following discriminatory practices:

• Hiring or firing employees on the basis of gender.
• Recruiting employees on the basis of gender.
• Determining employee salaries on the basis of gender. (Note that wage discrimination is also prohibited by the Equal Pay Act.)
• Demoting or refusing to promote an employee on the basis of gender.
• Segregating employees by gender when no business purpose is achieved by doing so.
• Assigning particular duties or responsibilities to an employee on the basis of gender.
• Treating an employee inequitably because she is pregnant. (Note that pregnancy-based discrimination is also prohibited by the Pregnancy Discrimination Act.)
• Treating an employee inequitably because the employee has children.
• Treating an employee inequitably because the employee fails to dress appropriately for his or her gender.
• Retaliating against an employee for filing a complaint or initiating legal proceedings against the employer for engaging in sexually discriminatory practices.

Sexual Harassment

In addition to the above conduct, Title VII prohibits sexual harassment by employers or co-workers. Sexual harassment includes unwelcome sexual advances, requests or demands for sexual favors, displays of inappropriate sexual objects or photographs, or other sexual conduct that subjects an employee to a hostile, intimidating or offensive work environment.

Disparate Impact Discrimination

Discrimination may be intentional, or it may result from the application of neutral employment policies. A neutral policy is an employment practice that does not appear discriminatory on its face. Disparate impact discrimination occurs when a neutral employment policy subjects a class of people to a significant disadvantage. Examples of disparate impact discrimination include strength, height and weight requirements imposed by an employer that may be physically impossible for a woman to achieve.

Permitted Conduct

Title VII allows an employer to engage in gender discrimination when sex is a "bona fide occupational qualification" (BFOQ). Gender is a BFOQ when sex is an essential part of the job description. For example, a restaurant owner may interview only male candidates to fill the position of a washroom attendant in the men's restroom. The BFOQ exception to Title VII is read narrowly, and applies only in limited situations.

Reporting Sexual Discrimination

All evidence of sexual discrimination in the workplace should be reported to the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC enforces Title VII, as well as all federal equal employment opportunity regulations, practices and policies. A charge of gender discrimination may be filed by any individual who legitimately believes that his or her employment rights have been violated. Additionally, an individual, agency, or organization may file a charge on behalf of the affected individual.