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 experiencedAtlanta 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 The Buckley Law Firm, LLC to help you fight for your rights.