Gender harassment and gender discrimination are related but distinct concepts. Gender harassment refers to unwelcome conduct that is based on a person's gender or gender identity and that creates a hostile or intimidating work environment. This can include unwanted sexual advances, derogatory comments or gestures, physical touching, or other behavior that is intended to intimidate or belittle a person based on their gender. On the other hand, gender discrimination refers to unequal treatment based on a person's gender or gender identity. This can include disparate treatment in hiring, promotions, pay, or other terms and conditions of employment. For example, if an employer promotes men over equally qualified women, this could be considered gender discrimination. While gender harassment can be a form of gender discrimination, not all gender discrimination involves harassment. For example, a woman who is paid less than a man for doing the same job is experiencing gender discrimination, but not necessarily gender harassment. Both gender harassment and gender discrimination are illegal under federal and state laws, including Title VII of the Civil Rights Act of 1964 and the Michigan Elliott-Larsen Civil Rights Act. Employers have a legal responsibility to prevent and address both types of misconduct in the workplace.
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