Search Frequenty Asked Questions

Sex

Under Title VII sex discrimination is gender-based (male/female).  This includes the EPA that prohibits sex - based wage discrimination between men and women in the same establishment who are performing under similar working conditions.  See, Commission's Guidelines on Discrimination because of Sex 29 C.F.R., part 1604, and detailed discussion of compensation discrimination covered by the EPA - 29 C.F.R., part 1620 and EPA procedures - 1621.

Sexual Harassment is a subcategory of sex discrimination and takes the form of either tangible employment action where the complainant can show that submission to or rejection of conduct sexual in nature is used as the basis for employment decisions (Quid Pro Quo), or

Hostile work environment where the individual is subjected to "unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature..." which has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment" 29 CFR 1604.11(a).

See, Commission's Guidelines on Sexual Harassment - 29 C.F.R., part 1604.11

Sexual Orientation:   While sexual preference/orientation complaints are not covered by federal law, EEO regulations, CMS processes these claims in accordance with the Department of Health and Human Services policy.

Executive Order 13087 prohibits discrimination on the basis of sexual orientation in the Federal Civilian Workforce, however it did not make provision for employees to bring claims on this basis before the Equal Employment Opportunity Commission.