A disparate treatment case involves an organization's policy which treats similarly situated employees differently, based on their gender or sexual orientation. In a disparate impact case, an individual must show that the organization's policy, has a disproportionate adverse impact on persons of one's own gender or sexual orientation. The organization then has the burden of showing a business necessity for the rule. It reasoned that even though the rule was not directed at all females, the gender of the individual was a factor in the application of the rule.
Examples are men attendants in a men's lavatory, and women attendants in a women's lavatory.
Sexual Harassment is a form of sex discrimination. Sexual harassment is deliberate or repeated unsolicited and unwelcome verbal comments, gestures, or physical contact of a sexual nature in a work place or work-related environment. Sexual harassment is prohibitive and unacceptable conduct at the managerial, supervisory, or employee levels and will not be condoned in any form. It undermines the integrity of the employment relationship. All employees must be allowed to work in an environment free from unsolicited and unwelcome sexual overtures.