Although many people traditionally think of sex discrimination or sexual harassment cases as those that involve a woman receiving unfavorable treatment at work or being subjected to unwanted advances by a male – claims for sex discrimination or harassment may be filed by males or females and discrimination cases may arise whenever someone’s gender factors into the way they are treated at work.
Based on Title VII, an employer may not discriminate against an employee “because of” his or her sex. This means that your employer may not take an adverse action against you because of your sex – whether you are male or female. Your sex cannot play a role in any aspect of your employment, including hiring, transfers, promotions, pay, disciplinary action, suspensions, and discharges.
Sexual harassment is also prohibited. Sexual harassment is broadly defined as “unwelcome conduct that creates a hostile environment based on your sex that is sufficiently severe and pervasive to alter the terms and conditions of your employment.” As with sex discrimination, both males and females may file claims for sexual harassment.
If you have questions about sex discrimination or sexual harassment, it is important to talk to an experienced Atlanta sexual harassment lawyer right away. A skilled sex discrimination attorney can answer your discrimination questions and help you determine your next steps.
A recent case evaluated the conduct of two female employees of a school district toward a male principal and whether their actions involved constituted “sexual harassment” and if the failure to discipline the women teachers was evidence of “sex discrimination.” In Julien v. Vallejo City Unified Sch. Dist.,a male principal – Joel Julien – alleged that he was demoted because he complained about employees’ threatening misconduct, a violation of sexual discrimination laws. He also asserted that two female employees threatened and falsely accused him, but the district failed to take any actions against them.
Here, shortly after Julien became the principal of “People’s High School” he learned that the two female employees arrived late and left early, and also verbally abused students and community members. When Julien sought to place the women on leave, one of the women then alleged that Julien had sexually harassed her, a charge that was deemed to be unfounded.
Further, while driving one day the women tailgated Julien for around 17 miles. When he tried to speed up to lose them, the women’s car sped up and veered into his lane, trying to make him lose control of the car. Despite his complaints to the police and the school district, the district failed to take any disciplinary actions against either of the women.
Based on these actions, Julien alleged sex discrimination. In order to have a valid claim the court explained that Julien needed to show that he was subjected to adverse employment actions based on his sex, and that non-male employees were treated more favorably. The court determined that the facts he stated were sufficient pointing out “Title VII’s prohibition of discrimination ‘because of … sex’ protects men as well as women.”
Whether you’re a man or a woman, you are entitled to be free from sex discrimination and harassment. If, however, you feel that you are the victim of sex discrimination, contact one of the experienced Georgia sex discrimination attorneys at Buckley Bala Wilson Mew LLP to help you fight for your rights.