Sexual Discrimination based on sexual orientation

Essay by letacs February 2004

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Sexual Discrimination Based on Sexual Orientation

Sexual Discrimination Based on Sexual Orientation

Title VII of the Civil Rights Act of 1964 protects against discrimination based on a person's sex. Sex as ruled by the Supreme Court also includes a person's sexual affiliation and orientation. As cited in the case of Price Waterhouse v. Hopkins which states "holding that harassment directed at a person because that person does not conform to traditional sex stereotypes is covered by Title VII." (NCLR p1) In this paper we will cover the laws applicable to each scenario, actions the employee and employer need to take to avoid problems, and recommendations that will help avoid future problems.

In the first scenario Michael becomes a female named Michelle. Michelle wants to use the female locker room to change. However, the females knew Michelle before the operation now they refuse to allow her to use it. The question is what does Michelle do now? Michelle needs to file a complaint with her EEO representative.

If there isn't one she needs to inform her supervisor as soon s possible. Under Title VII 2000e-2000e-17 if the employer fails to address the situation he will be held liable. On the basis of a hostile workplace and the quite possible for constructive discharge. If coworkers do not allow Michelle access to the locker rooms and give her fair treatment, there would be grounds for a hostile workplace. In return Michelle would likely quit her employment due to the isolation and ridicule at the workplace.

To solve this and to avoid future problems the employer needs to address this issue immediately. Solution number one would be that since Michelle is biologically male offer the use of the male locker room. Solution number two would be to offer Michelle an alternate changing area. Michelle...