Various Aspects of Sexual Discrimination and Harassment

Sex discrimination is still prevalent in the country despite the numerous laws that sought to protect employees from discrimination. Such form of bias is formally defined as the unfavorable treatment of an applicant or employee because of his or her sex. This type of discrimination may also be in the form of maltreatment towards a person because of his or her association with a group or organization.

Basically, sex discrimination often happens in the following aspects of employment:

• Promotions;
• Layoffs;
• Training;
• Fringe benefits;
• Hiring;
• Termination;
• Pay;
• Job assignments; and
• Other terms and conditions of employment.

It may also be classified into two categories, namely:

• Disparate treatment, which is a direct discrimination; and
• Disparate impact, wherein the prejudice is done in the form of company policy or regulation that is neutral in form but may negatively affect a certain group of people.

Sex discrimination may also pertain to sexual harassment. The Equal Employment Opportunity Commission (EEOC) refers to this as unwelcomed sexual advances, requests for sexual favors and other verbal or physical harassment of sexual nature.

Harassment per se does not need to be sexual in nature but it should have evidence of offensive remarks about the sex of the victim. There are even reported cases wherein females were harassed through offensive sexual comments pertaining to all women in general.

The harassment may become severe that it could already create a hostile environment for the employee that often results to decision that could negatively affect the employee. In most harassment cases, the harasser may be a supervisor, a co-worker or even a person who is not an employee of the company. The laws that pertain to sexual harassment are not particular about the sexes involved but rather on the acts that were committed.

Based on the Title VII of the Civil Rights Act of 1964 and the California Fair Employment and Housing Act (FEHA), employees’ should be protected from sex discrimination as well as sexual harassment.
Consequently, employees or applicants who wish to file for a case under discrimination or sexual harassment in California may seek the help from a Los Angeles discrimination attorney who could greatly help in achieving a favorable settlement.