Discrimination and Sexual Harassment Quick Reference Guide for Managers - Sex-based Discrimination
It is illegal to label jobs as a man's job or a woman's job, and likewise illegal to base promotions or work assignments based on those labels. Assumptions cannot be made about a person's personality or job commitment based on his or her gender. (e.g., coaching a boy's team or a girl's team)
Equal Work for Equal Pay
Both jobs must entail:
- Equal levels of skill
- Equal effort and responsibility
- Be performed under similar conditions
- Do not make assumptions about a woman's long-term commitment to her job as compared to a man's long-term commitment. For example, a woman will leave the workforce early to care for a family while a man won't.
- Do not make assumptions about personality stereotypes based on sex. For example, men are dominant while women are passive; therefore a man would make a better administrator. Men are less caring, women are more caring, and therefore a woman would be a better kindergarten teacher.
- Management is liable for harassment resulting in a tangible employment action regardless of whether higher management knew or should have known of the conduct.
- Management is liable for co-worker harassment if it knew or should have known of the harassment and failed to take immediate and appropriate corrective action.
- Nothing is off the record or unofficial.
- Is Sexual Discrimination
- The harasser as well as the target can be a man or a woman.
- The conduct must be unwelcome to the target of the harassment.
- Harassment can be verbal, physical, or pictorial.
- Claimant does not have to be the person at whom the offensive conduct is directed but can be anyone affected by the conduct.
Categories of Sexual Harassment
- Harassment Resulting in a Tangible Employment Action
- Only a supervisor or manager can undertake a tangible action.
- The demand for sexual favors in return for job benefits can be explicit or implicit.
- One instance of harassment resulting in a tangible employment action is sufficient to constitute a violation.
- Hostile Environment Harassment
- Sexual comments or conduct that unreasonably interferes with a person's work performance or creates an intimidating, hostile or offensive working environment.
- Supervisor, co-worker, or non-employee can commit this type of harassment.
- More frequent the conduct, the less severe it need be to create a hostile environment.
- Severe psychological harm is not necessary to establish violation.