What is Gender or Sex Discrimination?
Employers are prohibited from treating employees differently based on their gender. Gender discrimination is prohibited in all aspects of the employment relationship from failure to hire, throughout the employment relationship, and up until termination. Both women and men can be victims of gender discrimination.
Some examples of gender discrimination might include:
- A woman being passed over for promotion in favor of a less qualified man
- A man being paid less than a woman who has the same job title and similar prior experience
- A woman being subjected to negative comments about her gender or about women in general
Sexual harassment is a form of gender discrimination. Sexual harassment includes, but is not limited to, unwelcome sexual advances, requests for sexual favors, verbal comments based on a person’s sex, and/or physical harassment. Both men and women can be victims of sexual harassment. Examples of sexual harassment are:
- A male supervisor telling a female employee that she must sleep with him in order to keep her job;
- A female supervisor making sexual comments to a male subordinate;
- A workplace that is filled with sexual banter, sexual innuendo, jokes, slurs or demeaning comments based on gender;
- A workplace in which pornographic pictures or calendars or other sexual material is displayed;
- Unwanted or unwelcome touching, rubbing, tickling, massaging
Harassers can include supervisors (an employee’s direct supervisor or a supervisor in another department), co-workers and even those not employed by the employer such as a client,customer, consultant or vendor.