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Sex (Gender) Discrimination and Harassment (Including Sexual Harassment)
Gender discrimination is hardly a thing of the past. Recent studies have shown that to this day, women are paid less than men for doing the same job. The Maine Employee Rights Group was founded to fight for the rights of gender discrimination victims. If your employer has engaged in gender-based discrimination or sexual harassment, one of our gender discrimination lawyers can help you protect your rights.
Gender discrimination is a broad term used to describe two types of unlawful workplace behavior. The first of these involves making decisions that confer an employment benefit solely based on an employee’s gender or sex. Some examples of this type of behavior are refusing to hire a woman, giving a woman a promotion over a man solely because of his gender, or paying women less money than men to do the same job.
The second type of unlawful gender discrimination is sexual harassment. The most common type of sexual harassment is hostile work environment discrimination. This occurs when a co-worker’s or supervisor’s behavior creates a hostile, intimidating, or offensive environment at work. Behavior that interferes with a person’s ability to do his or her job may also create a hostile work environment.
There are plenty of examples of conduct that could create a hostile work environment, including:
Keep in mind that men can be the victims of sexual harassment, too. Additionally, sexual harassment is not limited to parties of the opposite sex. Men can sexually harass men, and women may harass women. If you are unsure as to whether you have been sexually harassed, ask a knowledgeable attorney.
There is another form of sexual harassment called quid pro quo harassment. Employers can commit quid pro quo harassment if they offer some employment benefit in exchange for a sexual favor or other sexual behavior. Offering a person a job on the condition that he or she sleep with the boss is a classic example of this type of discrimination.
Title VII of the Civil Rights Act of 1964 is a federal law that prohibits all types of gender discrimination, including sexual harassment. In addition, the Pregnancy Discrimination Act (PDA) is an amendment to the Civil Rights Act that protects pregnant workers. Most employers in the United States are subject to the Civil Rights Act and the PDA.
The Maine Human Rights Act offers workers protections that are similar to the federal laws, including the prohibition of gender discrimination, sexual harassment, and pregnancy discrimination. It also prohibits discrimination on the basis of sexual orientation.
An employee can file a complaint against an employer who commits unlawful gender-based discrimination. After a series of procedural steps, the employee can file a lawsuit alleging a violation of the Civil Rights Act or the Maine Human Rights Act and may be entitled to compensatory damages. The court may order some employers to pay punitive damages if their behavior was especially egregious.
Facing gender discrimination at work can make any employee want to quit. Fortunately, the law is on their side. For 20 years, the sexual harassment attorneys of the Maine Employee Rights Group have been helping the victims of gender discrimination. If your employer has mistreated you because of your gender, contact one of our attorneys by calling 207.874.0905 or visiting our contact page.
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Sex (Gender) Discrimination and Harassment (Including Sexual Harassment)
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NOTICE: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D. C. 20543, of any typographical or other formal errors, in order that corrections may be made before the preliminary print goes to press.
Justice Kennedy delivered the opinion of the Court.
In 1992, petitioners, a group of probation officers, filed suit against their employer, the State of Maine, in the United States District Court for the District of Maine. The officers alleged the State had violated the overtime provisions of the Fair Labor Standards Act of 1938 (FLSA), 52 Stat. 1060, as amended, 29 U.S.C. § 201 et seq., and sought compensation and liquidated damages. While the suit was pending, this Court decided Seminole Tribe of Fla. v. Florida, 517 U.S. 44 (1996), which made it clear that Congress lacks power under Article I to abrogate the States’ sovereign immunity from suits commenced or prosecuted in the federal courts. Upon consideration of Seminole Tribe, the District Court dismissed petitioners’ action, and the Court of Appeals affirmed. Mills v. Maine, 118 F.3d 37 (CA1 1997). Petitioners then filed the same action in state court. The state trial court dismissed the suit on the basis of sovereign immunity, and the Maine Supreme Judicial Court affirmed. 715 A. 2d 172 (1998).
The Maine Supreme Judicial Court’s decision conflicts with the decision of the Supreme Court of Arkansas, Jacoby v. Arkansas Dept. of Ed., 331 Ark. 508, 962 S. W. 2d 773 (1998), and calls into question the constitutionality of the provisions of the FLSA purporting to authorize private actions against States in their own courts without regard for consent, see 29 U.S.C. § 216(b), 203(x). In light of the importance of the question presented and the conflict between the courts, we granted certiorari. 525 U.S. ___ (1998). The United States intervened as a petitioner to defend the statute.
We hold that the powers delegated to Congress under Article I of the United States Constitution do not include the power to subject nonconsenting States to private suits for damages in state courts. We decide as well that the State of Maine has not consented to suits for overtime pay and liquidated damages under the FLSA. On these premises we affirm the judgment sustaining dismissal of the suit.
The Eleventh Amendment makes explicit reference to the States’ immunity from suits “commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.” U.S. Const., Amdt. 11. We have, as a result, sometimes referred to the States’ immunity from suit as “Eleventh Amendment immunity.” The phrase is convenient shorthand but something of a misnomer, for the sovereign immunity of the States neither derives from nor is limited by the terms of the Eleventh Amendment. Rather, as the Constitution’s structure, and its history, and the authoritative interpretations by this Court make clear, the States’ immunity from suit is a fundamental aspect of the sovereignty which the States enjoyed before the ratification of the Constitution, and which they retain today (either literally or by virtue of their admission into the Union upon an equal footing with the other States) except as altered by the plan of the Convention or certain constitutional Amendments.
Although the Constitution establishes a National Government with broad, often plenary authority over matters within its recognized competence, the founding document “specifically recognizes the States as sovereign entities.” Seminole Tribe of Fla. v. Florida, supra, at 71, n. 15; accord, Blatchford v. Native Village of Noatak, 501 U.S. 775, 779 (1991) (“[T]he States entered the federal system with their sovereignty intact”). Various textual provisions of the Constitution assume the States’ continued existence and active participation in the fundamental processes of governance. See Printz v. United States, 521 U.S. 898, 919 (1997) (citing Art. III, §2; Art. IV, §§2—4; Art. V). The limited and enumerated powers granted to the Legislative, Executive, and Judicial Branches of the National Government, moreover, underscore the vital role reserved to the States by the constitutional design, see, e.g., Art. I, §8; Art. II, §§2—3; Art. III, §2. Any doubt regarding the constitutional role of the States as sovereign entities is removed by the Tenth Amendment, which, like the other provisions of the Bill of Rights, was enacted to allay lingering concerns about the extent of the national power. The Amendment confirms the promise implicit in the original document: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” U.S. Const., Amdt. 10; see also Printz, supra, at 919; New York v. United States, 505 U.S. 144, 156—159, 177 (1992).
The federal system established by our Constitution preserves the sovereign status of the States in two ways. First, it reserves to them a substantial portion of the Nation’s primary sovereignty, together with the dignity and essential attributes inhering in that status. The States “form distinct and independent portions of the supremacy, no more subject, within their respective spheres, to the general authority than the general authority is subject to them, within its own sphere.” The Federalist No. 39, p. 245 (C. Rossiter ed. 1961) (J. Madison).
Second, even as to matters within the competence of the National Government, the constitutional design secures the founding generation’s rejection of “the concept of a central government that would act upon and through the States” in favor of “a system in which the State and Federal Governments would exercise concurrent authority over the people–who were, in Hamilton’s words, ‘the only proper objects of government.’ ” Printz, supra, at 919—920 (quoting The Federalist No. 15, at 109); accord, New York, supra, at 166 (“The Framers explicitly chose a Constitution that confers upon Congress the power to regulate individuals, not States”). In this the founders achieved a deliberate departure from the Articles of Confederation: Experience under the Articles had “exploded on all hands” the “practicality of making laws, with coercive sanctions, for the States as political bodies.” 2 Records of the Federal Convention of 1787, p. 9 (M. Farrand ed. 1911) (J. Madison); accord, The Federalist No. 20, at 138 (J. Madison & A. Hamilton); 3 Annals of America 249 (1976) (J. Iredell).
The States thus retain “a residuary and inviolable sovereignty.” The Federalist No. 39, at 245. They are not relegated to the role of mere provinces or political corporations, but retain the dignity, though not the full authority, of sovereignty.
The generation that designed and adopted our federal system considered immunity from private suits central to sovereign dignity. When the Constitution was ratified, it was well established in English law that the Crown could not be sued without consent in its own courts. See Chisholm v. Georgia, 2 Dall. 419, 437—446 (1793) (Iredell, J., dissenting) (surveying English practice); cf. Nevada v. Hall, 440 U.S. 410, 414 (1979) (“The immunity of a truly independent sovereign from suit in its own courts has been enjoyed as a matter of absolute right for centuries. Only the sovereign’s own consent could qualify the absolute character of that immunity”). In reciting the prerogatives of the Crown, Blackstone–whose works constituted the preeminent authority on English law for the founding generation–underscored the close and necessary relationship understood to exist between sovereignty and immunity from suit:
“And, first, the law ascribes to the king the attribute of sovereignty, or pre-eminence… . Hence it is, that no suit or action can be brought against the king, even in civil matters, because no court can have jurisdiction over him. For all jurisdiction implies superiority of power… .” 1 W. Blackstone, Commentaries on the Laws of England 234—235 (1765).
Although the American people had rejected other aspects of English political theory, the doctrine that a sovereign could not be sued without its consent was universal in the States when the Constitution was drafted and ratified. See Chisholm, supra, at 434—435 (Iredell, J., dissenting) (“I believe there is no doubt that neither in the State now in question, nor in any other in the Union, any particular Legislative mode, authorizing a compulsory suit for the recovery of money against a State, was in being either when the Constitution was adopted, or at the time the judicial act was passed”); Hans v. Louisiana, 134 U.S. 1, 16 (1890) (“The suability of a State, without its consent, was a thing unknown to the law. This has been so often laid down and acknowledged by courts and jurists that it is hardly necessary to be formally asserted”).
The ratification debates, furthermore, underscored the importance of the States’ sovereign immunity to the American people. Grave concerns were raised by the provisions of Article III which extended the federal judicial power to controversies between States and citizens of other States or foreign nations. As we have explained:
“Unquestionably the doctrine of sovereign immunity was a matter of importance in the early days of independence. Many of the States were heavily indebted as a result of the Revolutionary War. They were vitally interested in the question whether the creation of a new federal sovereign, with courts of its own, would automatically subject them, like lower English lords, to suits in the courts of the ‘higher’ sovereign.” Hall, supra, at 418 (footnote omitted).
The leading advocates of the Constitution assured the people in no uncertain terms that the Constitution would not strip the States of sovereign immunity. One assurance was contained in The Federalist No. 81, written by Alexander Hamilton:
“It is inherent in the nature of sovereignty not to be amenable to the suit of an individual without its consent. This is the general sense, and the general practice of mankind; and the exemption, as one of the attributes of sovereignty, is now enjoyed by the government of every State in the Union. Unless therefore, there is a surrender of this immunity in the plan of the convention, it will remain with the States, and the danger intimated must be merely ideal… . [T]here is no color to pretend that the State governments would, by the adoption of that plan, be divested of the privilege of paying their own debts in their own way, free from every constraint but that which flows from the obligations of good faith. The contracts between a nation and individuals are only binding on the conscience of the sovereign, and have no pretensions to a compulsive force. They confer no right of action independent of the sovereign Will. To what purpose would it be to authorize suits against States for the debts they owe? How could recoveries be enforced? It is evident that it could not be done without waging war against the contracting State; and to ascribe to the federal courts, by mere implication, and in destruction of the preexisting right of the State governments, a power which would involve such a consequence, would be altogether forced and unwarrantable.” Id., at 487—488 (emphasis in original).
At the Virginia ratifying convention, James Madison echoed this theme:
“Its jurisdiction in controversies between a state and citizens of another state is much objected to, and perhaps without reason. It is not in the power of individuals to call any state into court… .
“… It appears to me that this [clause] can have no operation but this–to give a citizen a right to be heard in the federal courts, and if a state should condescend to be a party, this court may take cognizance of it.” 3 J. Elliot, Debates on the Federal Constitution 533 (2d ed. 1854) (hereinafter Elliot’s Debates).
When Madison’s explanation was questioned, John Marshall provided immediate support:
“With respect to disputes between a state and the citizens of another state, its jurisdiction has been decried with unusual vehemence. I hope no Gentleman will think that a state will be called at the bar of the federal court. Is there no such case at present? Are there not many cases in which the Legislature of Virginia is a party, and yet the State is not sued? It is not rational to suppose, that the sovereign power shall be dragged before a court. The intent is, to enable states to recover claims of individuals residing in other states. I contend this construction is warranted by the words. But, say they, there will be partiality in it if a State cannot be defendant … It is necessary to be so, and cannot be avoided. I see a difficulty in making a state defendant, which does not prevent its being plaintiff.” 3 id., at 555.
Although the state conventions which addressed the issue of sovereign immunity in their formal ratification documents sought to clarify the point by constitutional amendment, they made clear that they,
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