Learn how to properly investigate claims of gender discrimination and hostile work environment under Title VII of the Civil Rights Act. Expert SHRM-SCP exam prep.
Table of Contents
Question
A male employee is concerned that he is treated differently given different work than coworkers and excluded from meetings. This treatment began after the employee disclosed that he had gone through a gender change. What provision under Title VII of the Civil Rights Act should the HR manager investigate?
Answer
Sexual harassment/hostile work environment. Under Title VII of the Civil Rights Act, a hostile environment includes discriminatory conduct so severe and pervasive that it unreasonably interferes with an individual’s performance, creates an intimidating, threatening, or humiliating work environment, or perpetuates a situation that affects the employee’s psychological well-being.
Explanation
The HR manager should investigate the potential sex discrimination and hostile work environment under Title VII of the Civil Rights Act.
Title VII prohibits employment discrimination based on sex. This includes discrimination against transgender individuals. If an employee was treated differently and excluded from meetings after disclosing that he transitioned genders, that raises concerns of illegal sex discrimination.
However, the specific conduct described – being given different work and excluded from some meetings – likely does not rise to the level of a hostile work environment under Title VII. To constitute a hostile environment, the discriminatory conduct must be so severe and pervasive that it unreasonably interferes with the employee’s performance, creates an intimidating, threatening, or humiliating environment, or adversely affects their psychological well-being. Isolated incidents of being treated differently or excluded from meetings generally would not meet this high bar.
Nevertheless, the HR manager should still promptly investigate the employee’s concerns. She should interview the employee, his supervisor, and co-workers to determine if illegal gender-based discrimination occurred. If discrimination is found, the company must take effective corrective action. The HR manager should also consider training for the supervisor and team on Title VII and transgender discrimination.
In summary, while the specific treatment may not constitute a hostile environment, the HR manager must still investigate the allegations of sex discrimination after the employee disclosed his gender transition, as this could violate Title VII.
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