State and federal laws forbid employers from discriminating against employees because of their gender, or because of pregnancy. Although they were originally intended to give women a level playing field, gender discrimination laws protect men as well.
These laws do not impose quotas on employers. Employers may still choose among candidates for jobs or promotions based upon the candidate’s qualifications and work history. However, if an equally or better qualified candidate is denied an opportunity because of his or her gender, the employer may have broken the law.
Federal and state laws prohibiting sexual harassment in the workplace are closely related to the laws against gender discrimination. The primary difference is that discrimination laws govern the decision-making process of the employer with regard to hiring and promotions. Sexual harassment laws deal with the work place environment, and may or may not be tied to hiring or promotion practices.
There are two recognized forms of sexual harassment in the workplace, quid pro quo harassment, and “hostile environment” harassment.
Quid Pro Quo Harassment
Quid pro quo harassment is probably what most people first think of when they think about sexual harassment in the workplace. Quid pro quo harassment occurs when an employer demands or requests sexual favors or other behavior from an employer’s prospective employee in return for continued employment, raises, promotions, or other job benefits. Quid pro quo harassment may also occur in the context of a consensual relationship between an employer and an employee, if the employer punishes the employee for ending that relationship.
Hostile Environment Gender Discrimination
Hostile environment gender discrimination occurs when an employer creates or permits a workplace environment that creates a hostile environment for employees because of their gender. Most commonly, the employer does this by making or allowing comments and remarks of a sexual nature, sexual teasing or flirting behaviors, photographs, dirty jokes, gestures, and other actions. The result is the creation of a sexually charged atmosphere in the work place that makes it impossible for some employees to perform their jobs.
Hostile environment discrimination is sometimes related to what I have described as gender discrimination in that the hostile environment is created for the specific purpose of forcing an employee or group of employees out of the work place based upon their gender. More frequently, it is a result of a small number of offensive employees combined with a lax or nonexistent disciplinary policy regarding hostile environment rules.
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