The combination of Title VII of the Civil Rights Act of 1964 and the Pennsylvania Human Relations Act (PHRA) prevent employers from discriminating based on sex or gender. In simple terms, this means that employers are prohibited from making employment decisions purely based on an employee’s sex or gender. Regardless of sex or gender, employees have a right to equal opportunity employment under the law.
HKM Employment Attorneys LLP in Pittsburgh, Pennsylvania, focuses on protecting employee rights across the United States. HKM Employment Attorneys ensure that all types of employers abide by the law when making employment decisions. If you need legal help with sex discrimination in the workplace, contact us today to jumpstart your case.
Sexual Discrimination in the Workplace
Title VII and the PHRA require employers to provide equal and fair treatment to all employees. Concerning sex and gender, specifically, this means that employers must make employment decisions without regard to sex or gender. In this context, the term employment decision can include, but is not limited to:
Under Title VII and the PHRA, employers are required to treat all employees equally, regardless of sex or gender. Though even if the employer’s policies provide equal treatment along sex and gender lines, discrimination is still possible. Under the doctrine of disparate impact, policies that disproportionately affect a certain sex or gender qualify as unlawful discrimination.
Sexual Harassment in the Workplace
Federal and state laws prohibit sexual harassment in the workplace. It is vital to note that workplace harassment rarely includes isolated jokes or innocent teasing. Instead, the hostile work environment must be extensive and continuous, subjecting employees to constant torment based on their sex or gender.
Unlawful workplace harassment includes overtly sexual and offensive conduct. On the one hand, unlawful sexual harassment includes unwelcome physical contact, requests or advances. On the other hand, unlawful sexual harassment also includes derogatory comments about a person’s sex or gender. Overall, adverse treatment based on sex or gender — whether physical or verbal — can qualify as unlawful employment discrimination.
The sex or gender of the harasser does not matter in this context. Stated otherwise, it is possible for a man to sexually harass another man and vice versa. Additionally, sexual harassment in the workplace can come from a number of different actors. It is possible for a supervisor, colleague, or even a client to harass an employee. So long as the harassment is pervasive and continuous, it can qualify as unlawful sex discrimination.
Consult with a Pennsylvania Employment Attorney Today
If you were the victim of illegal sex discrimination in a Pennsylvania workplace, it can be particularly useful to consult with a trustworthy employment attorney. Featuring a significant body of experience in the field of sex discrimination, HKM Employment Attorneys can help you formulate an appropriate legal strategy. If you need legal help with employment-related sex discrimination in Pennsylvania, contact us today for an initial consultation.