Sex discrimination (or gender discrimination), occurs when an employer treats an applicant or employee less favorably because of the person’s sex or gender. Sex-based discrimination can include decisions based on gender stereotypes and assumptions about abilities, traits, or the performance of individuals based on gender.
Which Employers Are Subject to Laws Prohibiting Sex Discrimination?
Employers can be held responsible for sex discrimination if they have 15 or more employees who worked for the company for at least twenty calendar weeks (this year or last).
In Which Work Situations Is Sex Discrimination Prohibited?
The law prohibits sex discrimination in any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, benefits, and any other term or condition of employment.
It is illegal for anyone involved with a person’s employment–a supervisor, manager, co-worker, or even a customer–to harass a person because of his or her gender. Harassment can include sexual harassment or offensive remarks about a person’s sex. Both the victim and the harasser can be the same sex.
The law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that are not serious. Harassment can include offensive or derogatory remarks about a person’s gender that are so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision.
Sex Discrimination and Employment Practices (Disparate Impact)
An employment policy or practice that applies to everyone, regardless of sex, can be illegal if it has a negative impact on the employment of people of a particular gender and is not job-related or necessary to the operation of the business.
DOES NEVADA LAW ALSO PROHIBIT GENDER DISCRIMINATION?
Yes, Nevada law has very similar prohibitions against gender discrimination.
WHAT CAN I DO IF MY EMPLOYER DISCRIMINATES AGAINST ME BASED ON GENDER?
To learn about what action you can take, go here.
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