Sexual Harassment as Discrimination

When an employee faces sexual harassment in the workplace, they may find themselves questioning if they are also facing discrimination on the basis of gender or sex. It is important to understand where sexual harassment falls along the spectrum of gender discrimination in order to take remedial action against discrimination. Here’s how to know if sexual harassment is a form of discrimination in California.

Sexual harassment may be considered gender discrimination. Sexual harassment is unequal or unfair treatment of an employee because of their gender or sex, which may constitute gender discrimination.

Related: Sexual Harassment Laws in California

Gender Discrimination Law

The existing legal statutes that protect employees against gender discrimination primarily come from Title VII of the 1964 Civil Rights Act. Title VII prohibits discrimination on the basis of gender or sex in the workplace.

Sexual harassment is a form of gender discrimination because the employee faces unfair or unequal treatment as a result of their sex. Sexual harassment like derogatory comments, slurs, or unfair treatment can be linked to the employee’s gender or sex, consequently resulting in gender discrimination.

Related: How to Prove Workplace Gender Discrimination in California

FAQs

Can sexual harassment be considered a form of gender discrimination?

Yes, sexual harassment may be considered a form of gender discrimination. When an employee faces sexual harassment, they face unfair or unequal treatment as a result of their sex, which may constitute gender discrimination.

What laws protect me against gender discrimination?

Title VII of the 1964 Civil Rights Act protects against workplace discrimination on the basis of sex. Sexual harassment falls under gender discrimination, so Title VII also protects against sexual harassment.

Contact Us

If you or a loved one has experienced sexual harassment/discrimination, contact us. We’ll get you in touch with the most qualified attorney for your unique legal matter. Get your free consultation with one of our Workplace Sexual Harassment Attorneys in California today!