Gender discrimination & sexual harassment

Title VII of the Civil Rights Act of 1964

Title VII prohibits employment discrimination based on gender or sex. Title VII also prohibits sex-based harassment and retaliation for protected activity, such as opposing discrimination.

Most private employers that employ at least 15 employees working at least 20 weeks a year and public employers must follow the requirements of Title VII. Unfortunately, Title VII’s protections do not apply to independent contractors.

Employers (the company) can be held accountable for discrimination, retaliation, and harassment under Title VII. However, courts will not typically hold managers, officers, supervisors personally liable under Title VII.

Title VII prevents employers from making adverse employment decisions because of an employee’s gender or sex. Examples of adverse employment decisions are:

• Terminating an employee
• Forcing the employee to quit (known as Constructive Discharge)
• Demoting an employee
• Failing to promote an employee
• Refusing to hire an employee

If an employee suffered an adverse employment decision because of an employee’s gender or sex they can bring a claim under Title VII. To make a claim under Title VII, the process begins with an Equal Employment Opportunity Commission “EEOC” charge. During the EEOC process, there is an opportunity to resolve and settle the claims. If a resolution cannot be reached, the EEOC process ends with a right-to-sue letter. After the employee receives the right to sue letter, they have 90 days to file a lawsuit. It is very important to speak with an experienced employment lawyer before you file an EEOC charge of discrimination.

When does sexual harassment become unlawful?

When job benefits are tied to sexual favors

A supervisor may offer a promotion or better shifts in exchange for sexual favors, or threaten your job if you refuse. This is often called quid pro quo harassment—meaning “this for that.” You do not need a long pattern of incidents when a job decision is tied to a sexual demand. What was said, who had authority, and what happened afterward all matter.

When unwanted conduct creates an abusive workplace

Sexual harassment includes unwanted sexual advances, requests for sexual favors, and other unwelcome sexual conduct. Harassment can also involve offensive treatment because of a person’s sex, even when the conduct is not sexual.

For a hostile work environment claim, the conduct must be severe or pervasive. In plain English, that means very serious or frequent enough to create an abusive workplace. A single very serious incident may qualify. Ordinary rudeness alone does not establish unlawful harassment.

The conduct must be unwelcome. The facts matter, including what happened, how often it happened, and whether it was connected to your sex. Harassment may also violate the law when it leads to a job decision, such as firing or demotion.

Keep notes about unwanted conduct and any reports you make. Employer responsibility can depend on who harassed you and how the employer responded.

Read the EEOC’s sexual harassment guidance.

The Equal Pay Act

The Equal Pay Act, 29 U.S.C. § 206(d), prohibits sex-based pay differences for substantially equal work in the same establishment. The jobs are compared based on:

• Skill required to do the work
• Effort required
• Responsibility
• Similar working conditions

The work does not have to be identical. What matters is what the jobs require, rather than just the job titles or the workers’ personal qualifications. The law protects both men and women.

An employer may defend a pay difference through a seniority system, merit system, a system based on the quantity or quality of production, or another factor other than sex. The reason for the difference needs careful review.

Read the EEOC’s equal pay explanation.