Employers should use common sense to avoid harassment suits

Federal employment discrimination law, Title VII of the Civil Rights Act of 1964 (Title VII), makes it unlawful for an employer to discriminate against an employee because of the employee’s sex. Sex discrimination includes discrimination on the basis of one’s gender, sexual harassment, and pregnancy discrimination.

In addition, in 1989, the Supreme Court recognized the theory of sex stereotyping as a form of sex discrimination. Under this theory, if an employer makes employment decisions based on sex stereotyping – the degree to which an individual conforms to traditional notions of what is appropriate for one’s gender – it can be liable for sex discrimination under Title VII.