Sexual harassment is with specific or implicit sexual remarks or physical advances on a person. It may include undesirable sexual approaches, demands for sexual favors, the promise of rewards for such favors, discrimination if such advances or requests are denied, or any other oral or physical harassment of sexual nature. So, any action which sexually offends a person may be regarded as sexual harassment. Such actions must be frequent and severe to make a hostile work environment or result in adverse decisions for the victim (discrimination). A sexual harassment case can be between two people who are frequently interacting at the workplace. Still, it is usually a case where the employer is the offender, and the employee is the victim.
The first part of the Fourteenth Amendment of the U.S. Constitution ensures every U.S. resident identical protection of laws. This is known as the Equal Protection Clause. This implies that all are similar in the eye of the law. The U.S. Constitution also has the Equal Rights Amendment, which guarantees equal rights to all U.S citizens.
Discrimination is the act of making prejudicial and unjustified distinctions amongst various classes and categories of people. It is the disadvantageous treatment of a person based on the irrelevant trait of the person. Discrimination can be based on gender, age, ethnicity, etc., or any other irrelevant trait. Discrimination is a breach of the right to identity.
If discrimination of any kind is done between to equally qualified persons by the employer or any other person in authority over the two persons in terms of employment, it is employment discrimination. Employment discrimination may be in hiring, firing, salaries, job postings, job assignments, evaluation, promotions, demotions, disciplinary action, lay off, or any other terms or conditions of employment. Unfair or disadvantageous treatment, harassment, denial of reasonable requests, retaliation for complaining against the employer, etc., usually constitute employment discrimination.
Law against Sexual Harassment and Employment Discrimination
All Americans are protected against sexual harassment at the workplace and employment discrimination by many laws put in place by the federal and state authorities. The courts also contributed much to the development of these laws.
Sexual harassment: The Civil Rights Act of 1964, the Equal Employment Opportunity Commission (EEOC) regulations of 1980, and the Civil Rights Act of 1991 are the prominent laws against sexual harassment. The Civil Rights Act of 1964 prevents employment discrimination based on race, sex, national origin, color, or religion. Discrimination based on sex is the protection against sexual harassment in the Act of 1964. The EEOC regulations of 1980 defined sexual harassment and explicitly included it under sex discrimination. The Civil Rights Act of 1991 expanded women’s rights against sexual harassment by giving them the right to sue for compensation and damages against sexual harassment.
The law in the USA recognizes two kinds of sexual harassment: quid pro quo sexual harassment, in which a person is subjected to sexual harassment in exchange for an employment benefit, and â€˜hostile work environmentâ€™, which is the sexual harassment that occurs in a hostile work situation and interferes with the employeesâ€™ works performance.
Employment Discrimination: The following are the rules enacted for the protection against employment discrimination. The Equal Pay Act of 1963 provides that equal employees must be paid equally, and the employer shall not pay differential wages based on sex. The Age Discrimination in Employment Act (ADEA) protects employees against discrimination based on age. The Rehabilitation Act and the Americans with Disabilities Act protect people with disabilities against discrimination. These are the main and the general laws against employment discrimination, but new laws have been. Discrimination based on genetic information, pregnancy, military service, etc.
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