The fourth proof for establishing a prima facie case of sexual harassment determines whether it is a hostile environment or quid pro quo sexual harassment.
An employer should avoid imposing employee dress codes and appearance policies because it is impossible to hold male and female employees to the same standards since the clothing worn by each sex is so different.
Hostile environment sexual harassment occurs when an individual's acceptance or rejection of unwanted conduct of a sexual nature affects a tangible job benefit.
The Lilly Ledbetter Fair Pay Act of 2009 protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination.
Sex stereotyping results in actionable discrimination because the Supreme Court has ruled that it violates Title VII's basic requirement that gender must be irrelevant to employment decisions.