When the courts first began to recognize the concept of "hostile work environment," the decisions typically involved male supervisors and/or co-workers harassing female colleagues in the 1970s. While such gender-based cases still predominate the field (and, not infrequently, predominate current events as well), various other types of hostile work environment (e.g., race-based harassment; religion-based harassment) cases have emerged on the landscape. Today, I want to focus on the growing number of "sexual stereotyping" suits now being increasingly advanced by aggrieved workers.
By the late 1980s, the courts began to adopt the concept of "sexual stereotyping" or "gender stereotyping," i.e., instances in which an employer treated an employee unfairly because the employee did not act in a stereotypical gender appropriate manner as deemed by the employer. For example, the courts have prohibited employers from denying promotions to women who used profanity, were not charming, did not wear makeup, and/or did not walk, talk or dress in a sufficiently feminine manner. In endorsing this application of Title VII of the Civil Rights Act of 1964 ("Title VII"), as amended, the United States Supreme Court has made clear that employers can no longer evaluate workers by insisting these employees adhere to accepted stereotypes associated with their gender.
In recent years, homosexuals, lesbians and heterosexuals who do not conform to gender stereotypes have successfully sued their employers for disparate treatment and/or for harassment based on such sexual stereotyping. If, for example, an employee was harassed at the job because he did not "fit the mold" of how a "manly" man should act or because he "seemed gay" according to his coworkers, the affected worker could potentially advance a sexual stereotyping challenge under Title VII against his employer. Lynette A. Barnes, a Regional Attorney for the United States Equal Employment Opportunity Commission ("EEOC"), explained, "Employers need to remember that sex discrimination includes harassment based on sexual stereotyping. Once an employee complains of sex-based harassment in the workplace, the employer is required under federal law to act reasonably to prevent further harassment"
Members of the United States Congress have unsuccessfully sought to amend Title VII on several occasions so the statute would specifically include a prohibition against employment discrimination based on sexual orientation. While such amendment may not occur in the near future, it does appear that gay or bisexual employees subjected to job discrimination may nonetheless have a current remedy under Title VII based on the sexual stereotyping. If management or coworkers persist in discriminating against employees due to their not conforming to stereotypical perceptions of gender identities, the affected employees may now pursue justice in court under the nation's premier federal anti-discrimination law.
Similarly, if you have been harassed or encountered other workplace difficulties, you too can effectively seek your remedy. You do not have to endure mistreatment in silence. You have rights!
Eric Steele has consulted with and helped hundreds of individuals concerning their rights in the workplace. He has authored an invaluable ebook, Unfair Termination: Know Your Rights and Obtain Financial Justice, that is chock full of information on how you can protect your rights when faced with workplace difficulties. For more information on how you can know your workplace rights, protect your rights, and avoid being a victim, click on http://www.unfairterminationrelief.com.
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