Under Title VII of the Civil Rights Act of 1964, it is unlawful for an employer to discriminate against any employee with respect to his or her compensation, terms of employment, work conditions, or privileges of employment, based on the employee’s gender. Importantly, sexual harassment in the form of a hostile work environment constitutes sex discrimination.
To prevail on a gender discrimination claim lawsuit, the employee must establish that there was a pattern of ongoing and persistent gender discrimination that was severe enough to alter the conditions of employment. To satisfy this requirement, the employee must prove that his or her workplace was both objectively and subjectively offensive to the extent that a reasonable person in the employee’s shoes would find it to be hostile or abusive. In addition, the employee is required to demonstrate that the gender discrimination took place because of the employees sex.
In employment discrimination lawsuits, some courts ask the following questions to determine whether an employer is guilty of gender discrimination:
- Was the employee subjected to verbal or physical conduct that amounted to harassment in the workplace?
- Was the harassing conduct unwelcome?
- Was the gender discrimination sufficiently severe or pervasive to alter the conditions of employment and create a hostile work environment?
To answer these questions about whether an employer is guilty of gender discrimination under Title VII of the Civil Rights Act of 1964, courts usually look at the following circumstances:
- The frequency of the discrimination based on gender
- The severity of the sex discrimination
- Was the employer’s conduct physically threatening or humiliating, or a mere offensive utterance or trivial?
- Did the sex discrimination unreasonably interferes with an employee’s work performance?
- As a general matter, playful teasing and isolated incidents, will not amount to gender discrimination.
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At Blumenthal, Nordrehaug & Bhowmik, our gender discrimination lawyers understand how hard it can be when companies single employees out based on their sex or gender. Not only is gender discrimination in the workplace immoral, but it is also illegal and the law is on your side if your company has committed acts of gender discrimination or otherwise created a hostile work environment for you. Contact our sex discrimination attorneys in California for a free consultation about your employee rights with respect to discrimination in the workplace.