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Sex discrimination is illegal when an employee suffers negative and unfair treatment based on their gender and it affects the terms and conditions of their employment.
Negative employment conditions could and examples include:
Unfair hiring qualifications:
Example: A manufacturing job listing that states that candidates must be able to lift over 75 lbs, despite it not seeming relevant to the position, may be discriminating against female applicants.
Termination:
Example: After a company tells a female employee that she is being let go from her job due to company cut-backs, the company keeps all her male coworkers who worked in the same position.
Sexual harassment that causes workplace hostility:
Example: An employee (female or male) may face workplace hostility that negatively impacts their job performance when they face pervasive sexual harassment or suffer one major sexual harassment incident. A few examples of workplace harassment include: quid pro quo, unwanted touching, lewd jokes, unwanted advances, or more.
A change in job scheduling:
Example: In an effort to force an employee of a particular gender out, an employer changes his or her employee’s schedule to a time that they know is extremely inconvenient, if not impossible for them to maintain.
Low position:
Example: An employer does not hire applicants of a particular gender for higher positions. They only give that particular gender low positions with no possibility for career promotions and advancement.
Lower workplace salary:
Example: An employee overhears coworkers of the opposite gender, in lower positions and with less qualifications than they have, talking about their salaries, all of which are much higher than theirs.
Being relocated to a different facility:
Example: After complaining about sexual harassment in the workplace, an employee is relocated to a facility far away.
Being passed over for promotions, benefits or job training programs:
Example: A female employee who has been with a company for 5 years has not had any promotions, but less qualified men in the same position have been promoted.
Sex stereotyping:
Example: Employees are passed over for promotion and given performance critiques that imply that they are not acting in a way that is not stereotypically masculine or feminine enough. For instance, women are often called “aggressive” in performance reviews, when men, would be praised for similar conduct.
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