EEOC & Gender Discrimination
The Equal Employment Opportunity Commission is responsible for investigating alleged violations of federal civil rights laws, including the Civil Rights Act and the Equal Pay Act. The Civil Rights Act contains several sections that prohibit discrimination based on gender, also known as sex-based discrimination. The Equal Pay Act specifically prohibits sex-based discrimination in employment compensation.
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Sexual Harassment
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Sexual harassment is defined as unwelcome conduct of a sexual nature that is so severe and pervasive that it creates a hostile working environment. Unwelcome conduct can include verbal comments or physical conduct. The EEOC takes the stance that the Civil Rights Act does not prohibit "isolated comments" but rather constant and overbearing comments or conduct that changes the work environment for an employee. An employee refusing to go to the bathroom for fear of walking past employees who harass her is an example of a change in the work environment.
Stereotyping
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Price Waterhouse v. Hopkins is a U.S. Supreme Court case that set the precedent for employees bringing a claim of gender stereotyping as sex-based discrimination. In the court case, a male employee was being harassed for having feminine qualities. The Supreme Court ruled, and the EEOC adopted the interpretation, that an employee being subjected to a difference in treatment for failing to conform to gender stereotypes may bring a claim of sex discrimination under the Civil Rights Act.
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Pregnancy
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The Pregnancy Discrimination Act is an amendment to the Civil Rights Act which makes it unlawful for an employer to treat a woman unfavorably because of a pregnancy. The EEOC defines unfavorable treatment as firing, demotion, harassment, layoff or denial of fringe benefits. It declares that a pregnant woman is to be treated as a person with a temporary disability if she is temporarily unable to do her job because of a pregnancy, childbirth or medical condition related to the pregnancy or childbirth. This includes making modifications to job duties or any other accommodation so that the woman may perform the essential duties of her job.
Sex Discrimination
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The EEOC specifically defines sex discrimination as "treating someone unfavorably because of that person's sex." Unfavorable treatment includes making unfair hiring, firing, job assignment and promotion determinations based on gender. The EEOC states that it is "illegal to harass a woman by making offensive remarks about women in general," and the same goes for men.
Compensation
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While other anti-discrimination laws focus on what is prohibited conduct, the Equal Pay Act defines the requirements for compensation of men and women. It requires that men and women who perform similar work in the same workplace are compensated the same. The jobs do not have to be identical for a person to bring a claim under this act. Additionally, the Equal Pay Act extends this equal pay requirement to not only salary considerations, but also bonuses, stock options and travel expenses.
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References
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