SEX DISCRIMINATION

Federal and North Carolina laws prohibit an employer from discriminating against a current or prospective employee because of that individual’s sex or gender. An employer may not refuse to hire, deny promotions, deny equal compensation and benefits, discipline, terminate, or take other discriminatory action against employee because of that employee’s sex or gender. This also means an employer may not make employment decisions based on gender stereotypes or assumptions, such as assumptions that female workers are generally unable to perform certain physical tasks.

Sexual harassment is also illegal. Harassment based on sex can be shown either by a tangible employment action, such as firing an employee for refusing an employer’s sexual advances, or by the existence of a hostile work environment. Sexually explicit jokes, name-calling, harassing language, sexual touching, and other forms of mistreatment towards an employee because of his or her sex or gender can be illegal.

Discrimination also occurs when an apparently objective rule, standard, or test has a disproportionately adverse effect on members of one sex as compared to members of the other sex, and the employer is unable to show that the rule, standard, or test is job-related and justified by business necessity. An example of this discrimination is hiring criteria that tend to screen out women, such as a height requirement not justified by any business necessity.

Laws also prohibit retaliation [link] against employees who oppose sex discrimination (filing internal complaints, filing a charge with the EEOC, etc.).

The Equal Employment Opportunity Commission (EEOC) has published helpful information about sex discrimination.

If you believe that you are the victim of sex discrimination, let the experienced attorneys at GMFM fight to protect your rights. Contact us for an evaluation of your case.