Sexual Harassment and Sex Discrimination

Sex harassment, or sexual harassment, is a form of sex discrimination and it is on the rise. According to statistics reported by the U.S. Equal Employment Opportunity Commission between 1992 and 2001 sexual harassment charges rose by 146 percent.

The U.S. legislature has passed a number of laws against discrimination to protect the employee against a hostile work environment. Hostile, intimidating, or offensive working conditions interfere with employee work performance. When this type of conduct is based on the individual’s sex, the harassment is referred to as sexual harassment. Sexual harassment and sex discrimination are prohibited by the California Fair Employment and Housing Act (FEHA) and by Title VII under federal law.

Sexual harassment laws prohibit an employer from directly threatening or implying that your wages, promotion, evaluation, work shift, or career development depend on granting sexual favors. Furthermore, unwanted sexual advances, flirtations, propositions, or sexually verbal and graphic abuse, such as describing someone in sexually degrading terms or using sexually suggestive pictures or objects, are also forms of sexual harassment. Same sex harassment is also unlawful.

Akin to sexual harassment is discrimination based on sex. Sex discrimination occurs when you are treated less favorably than similarly-situated employees on the basis of your sex. This frequently takes the form of less pay for the same work, being passed over for raises or promotions, being told you have less chance of advancing or being promoted, or being given less favorable assignments.

Sex discrimination can occur intentionally or unintentionally, as well as overtly or covertly. In any case, when an employer bases employment decisions primarily on sex or denies you your rights based on sex, the law has been violated and you have grounds to sue for sex discrimination.

Pregnancy discrimination is a specific type of sex discrimination affecting women who, as a result of becoming pregnant, have been fired, denied promotions, or otherwise treated less favorably because they are pregnant. Statistics show charges of pregnancy discrimination are soaring. Pregnancy discrimination is prohibited in California under the FEHA.

At Aiman-Smith & Marcy, we specialize in sex discrimination and sexual harassment litigation. We have successfully litigated cases involving sex discrimination, sexual harassment, and same sex sexual harassment.

If you are facing sexual harassment or sex discrimination at work, our attorneys want to assist you. Please call our office at (888) 445-2334 or use our email form and contact us for a free consultation with one of our attorneys: Randall Aiman-Smith, Reed Marcy, or Hallie Von Rock.