- Disparate Treatment Gender Discrimination occurs when employees are intentionally treated differently because of their gender.
- Disparate Impact Gender Discrimination occurs when employees are unintentionally treated differently because of their gender by using an employment policy or practice that seems fair, but when it is applied it adversely impacts one gender when compared to the other.
- Sexual Harassment occurs when employees are intentionally subjected to an offensive or hostile work environment, which includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.
Workplace sexual harassment can either be by a supervisor or one of your co-workers.
Generally, if a co-worker is harassing you, you are obliged to report the harassment to someone in authority, typically a supervisor, manager or someone in the human resources department. Many companies have policies that spell out the process you must follow if you feel you have been sexually harassed. If your company has a policy, it is important to follow it closely. Not doing so can affect your claims later in the legal process. If your company does not have a policy, report the harassment to someone in authority as soon as possible. If you don’t tell someone in authority, you may lose the right to file a claim.
If the harasser is your supervisor or some other managerial employer, then your case may be easier to prove. If the harassment by the supervisor leads to a tangible employment action (for example, you refuse your supervisor’s sexual advances and you are then fired or demoted), then you do not necessarily have to complain or follow the company harassment policy in order to have a case, although reporting the harassment is always a good idea.
Many people are hesitant to complain about sexual harassment for fear of losing their job. Even though this may happen, the law does protect you. If you complain to your employer, or the EEOC, about sexual harassment, and your employer then terminates your employment, or even cuts your pay or hours, transfers you to a different location further from your home, or places you on a less desirable shift, then you may have an additional claim for retaliation against your employer.
If you believe that you have been the victim of gender discrimination or sexual harassment, contact Georgia employment and sexual harassment lawyer Paul Sharman, anytime, at (678) 242-5297 for a free, no obligation consultation to determine if you have a potential claim or use our convenient email form.