Sex Discrimination
Discrimination which is based on sex is any form of unjustified adverse differential treatment towards a person or group of people based on gender or gender related characteristics. Protection against sex discrimination includes protection for males, females and transgender people. Sex discrimination also includes protection against sexual harassment and protection against pregnancy discrimination. Some examples of sex discrimination include:
- A supervisor denies a female staff person access to training that would assist in her career advancement because she’s pregnant (or because the supervisor thinks she will be soon);
- Only female faculty members are asked questions about their family planning and child care needs in an interview process;
- A new administrator fires a transgender employee after co-worker’s voice discomfort about the employee’s lifestyle.
Sexual Harassment
Sexual harassment is a form of sex discrimination and is uninvited and unwanted sexual attention made by a person who knows or ought to know that such attention is unwelcome. Comments or conduct do not have to be sexual in nature. Someone may tease a person because of gender-based ideas about how men or women “should” look, dress or behave. Sexual harassment often occurs when there is a power imbalance between parties, but this is not always the case. Common forms and examples of sexual harassment:
- quid pro quo: coercive sexual conduct involving implied or expressed promises of reward for complying with sexual demands, or threats of reprisal, actual reprisal or denial of opportunity for refusal or failure to comply with sexual demands. It may take the form of an overt offer or involve subtle pressure based on position or status. For example:
- a teaching assistant hints that a student will get better grades in the course if he/she agrees to a sexual relationship
- a supervisor implies that a promotion or holiday bonus will not be forthcoming if her/his employee does not agree to date her/him
- sexual assault: unwelcome physical contact of a sexual nature, including fondling, brushing, kissing and "date rape".
- poisoned environment: conduct or comment that has the effect of creating a hostile, intimidating or offensive environment for its targets or other members of the work or study environment. It usually involves a pattern of persistent or repeated behaviour such as crude or offensive jokes, sexual comments, displays of offensive material and/or stereotyping on the basis of sex or gender. For example:
- a student repeatedly disrupts a class with offensive jokes that question women's suitability for certain occupations
- a professor routinely makes inappropriate comments about a student's appearance
- a co-worker occasionally forwards sexual photos by email to her/his colleagues
Sexual harassment is not mutual attraction or flirtation, a consensual relationship or consensual expression of affection between friends. Sexual harassment does not mean that sexuality or sexual issues cannot be areas of legitimate academic inquiry.
Discussions of scholarly research on sexuality in the classroom, for example, would not normally constitute sexual harassment. However, inappropriate discussion of sexuality -- either in content, presentation style or context -- may create a situation in which sexual harassment may ensue.
Last reviewed 
2/17/2011 6:38:06 PM
