Sex/Gender Discrimination

It is unlawful for an employer to treat an employee or applicant unfavorably because of his or her sex, gender identity, or sexual orientation.  For instance, it is illegal for an employer to refuse to hire a female applicant who possesses excellent qualifications because some of the company’s long-term clients are more comfortable dealing with men.

It is also unlawful to harass a person because of his or her sex.  Harassment can include, among other things, offensive remarks about a person’s sex.

Harassment can come from just about anyone.  The harasser can be the victim’s supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.

Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that aren’t very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment, or when it results in an adverse employment decision (such as the victim being fired or demoted).

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Examples of Sex Discrimination:

• An employer refuses to hire a female applicant who possesses excellent qualifications because some of the company’s long-term clients are more comfortable dealing with men. 
• A female employee is told that she is being laid off due to company cutbacks and reorganization, while men in the same job and with less seniority keep their jobs.
• A female employee who has worked for an employer for several years, and consistently received exemplary reviews, is routinely denied for promotions that are awarded to less qualified male employees.