Traditional Gender Harassment
Gender Stereotyping:
- Comments about what men or women "should" do
- Assignment of tasks based on gender stereotypes
- Different performance standards for men and women
- Comments about appearance that reinforce gender roles
- Exclusion from opportunities based on gender assumptions
Pregnancy and Family-Related Harassment:
- Intrusive questions about pregnancy plans
- Comments about dedication to work due to family responsibilities
- Assumptions about career commitment based on parental status
- Different treatment during or after pregnancy
- Pressure to disclose pregnancy status
LGBTQ+ Harassment Under Federal Law
Following the Supreme Court's decision in Bostock v. Clayton County (2020), harassment based on sexual orientation and gender identity is recognized as sex discrimination under Title VII:
Sexual Orientation Harassment:
- Derogatory comments about same-sex relationships
- Exclusion from company social events or benefits
- Different treatment based on sexual orientation
- Use of offensive slurs or terminology
- Creating hostile environment based on perceived sexual orientation
Gender Identity and Transgender Harassment:
- Refusing to use chosen names or pronouns
- Restricting bathroom or facility access
- Comments about gender transition or medical procedures
- Dress code enforcement based on birth-assigned gender
- Outing transgender employees without consent
Case Example: A construction company supervisor consistently referred to a gay employee using homophobic slurs and made derogatory comments about his relationship. Other employees joined in the harassment, creating a hostile work environment that forced the employee to quit.
Direct Age Discrimination
Age-Related Comments:
- References to being "over the hill" or "past your prime"
- Comments about retirement or when someone will "step aside"
- Jokes about memory, technology skills, or physical capabilities
- Suggestions that younger employees are preferable
- Comments about being "set in your ways"
Workplace Exclusion:
- Excluding older employees from training opportunities
- Passing over for promotions with age-related comments
- Different performance standards based on assumptions about age
- Exclusion from technology projects or modern initiatives
- Social exclusion from workplace activities
Subtle Age Harassment
Technology and Skills Assumptions:
- Assumptions about inability to learn new systems
- Condescending offers of help with basic tasks
- Comments about "keeping up with the times"
- Exclusion from projects involving new technology
- Different training or development opportunities
Physical Capability Assumptions:
- Comments about energy levels or stamina
- Assumptions about travel ability or work schedules
- Different safety requirements without medical justification
- Comments about appearance or physical changes
- Pressure to take early retirement
Case Example: A marketing firm regularly excluded employees over 50 from client presentations, with managers making comments about needing "fresh faces" and questioning whether older employees could "connect with younger demographics."