Sex Discrimination

Equal Pay Act and Coverage

Virtually all employers are covered by the Equal Pay Act (EPA), which makes it illegal to pay different wages to men and women if they perform substantially equal work in the same workplace.

Links to cases about sex discrimination for CA based employees:

•  CSU Fresno v. Stacy Johnson-Klein (settled 2008 for $9M):  http://www.usatoday.com/sports/college/womensbasketball/wac/2008-06-18-fresno-state-suit_N.htm
• Lawry's Restaurants/male employees (settled 2009 for $1M):  http://www.eeoc.gov/eeoc/newsroom/release/11-2-09.cfm
• Wal-Mart/female employees (in progress):  http://www.walmartclass.com/walmartclass_casedevelopments.html

Sex-Based Discrimination

Sex discrimination involves treating someone (an applicant or employee) unfavorably because of that person’s sex.

Sex discrimination also can involve treating someone less favorably because of his or her connection with an organization or group that is generally associated with people of a certain sex.

Sex Discrimination & Work Situations

The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.

Sex Discrimination Harassment

It is unlawful to harass a person because of that person’s sex. Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s sex. For example, it is illegal to harass a woman by making offensive comments about women in general.

Both victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex.

Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that are not 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).

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.

Sex Discrimination & Employment Policies/Practices

An employment policy or practice that applies to everyone, regardless of sex, can be illegal if it has a negative impact on the employment of people of a certain sex and is not job-related or necessary to the operation of the business.