It is illegal to label jobs as a man's job or a woman's job, and likewise illegal to base promotions or work assignments based on those labels. Assumptions cannot be made about a person's personality or job commitment based on his or her gender. (e.g., coaching a boy's team or a girl's team)

More about sex-based discrimination.

Equal Work for Equal Pay

Both jobs must entail:

• Equal levels of skill
• Equal effort and responsibility
• Be performed under similar conditions
  
  

Management

• Do not make assumptions about a woman's long-term commitment to her job as compared to a man's long-term commitment. For example, a woman will leave the workforce early to care for a family while a man won't.
  
  
• Do not make assumptions about personality stereotypes based on sex. For example, men are dominant while women are passive; therefore a man would make a better administrator. Men are less caring, women are more caring, and therefore a woman would be a better kindergarten teacher.
  
  

Agency Liability

• Management is liable for harassment resulting in a tangible employment action regardless of whether higher management knew or should have known of the conduct.
• Management is liable for co-worker harassment if it knew or should have known of the harassment and failed to take immediate and appropriate corrective action.
• Nothing is off the record or unofficial.
  
  

Sexual Harassment

• Is Sexual Discrimination
• The harasser as well as the target can be a man or a woman.
• The conduct must be unwelcome to the target of the harassment.
• Harassment can be verbal, physical, or pictorial.
• Claimant does not have to be the person at whom the offensive conduct is directed but can be anyone affected by the conduct.
  
  

Categories of Sexual Harassment

• Harassment Resulting in a Tangible Employment Action
  
  
  • Only a supervisor or manager can undertake a tangible action.
  • The demand for sexual favors in return for job benefits can be explicit or implicit.
  • One instance of harassment resulting in a tangible employment action is sufficient to constitute a violation.
    
    
• Hostile Environment Harassment
  
  
  • Sexual comments or conduct that unreasonably interferes with a person's work performance or creates an intimidating, hostile or offensive working environment.
  • Supervisor, co-worker, or non-employee can commit this type of harassment.
  • More frequent the conduct, the less severe it need be to create a hostile environment.
  • Severe psychological harm is not necessary to establish violation.