Does non-sexual harassment, such as being yelled at in the workplace, constitute gender discrimination?
Screaming and yelling by male supervisors to female employees at work may constitute gender discrimination that is actionable if the screamer yells more forcefully or more frequently at female employees than at male employees and in a manner that affects women more adversely than it affects men in the workplace. Such non-sexual behaviors can constitute gender discrimination in the nature of a hostile work environment, as confirmed in the case of E.E.O.C. v. National Education Association by the Ninth Circuit of the United States Court of Appeals in September 2005.