What is Section 92 of the Equal Opportunity Act?

Asked by: Dr. Bella Simonis III  |  Last update: March 21, 2026
Score: 4.8/5 (70 votes)

Section 92 of an Equal Opportunity Act typically defines and prohibits sexual harassment, outlining what constitutes unwelcome conduct of a sexual nature (advances, requests, comments, physical intimacy) that a reasonable person would find offensive, humiliating, or intimidating, applying across employment, education, and services, though specific details vary by jurisdiction (e.g., Victoria's Equal Opportunity Act 2010 vs. UK's Equality Act 2010 for education).

What is Section 92 of the Equal Opportunity Act 2010?

Section 92 of the Equal Opportunity Act 2010 provides that a person sexually harasses another person: 1(a) makes an unwelcome sexual advance, or an unwelcome request for sexual favours, to the other person; or. 1(b) engages in any other unwelcome conduct of a sexual nature in relation to the other person.

What is the Equal Opportunity Act in simple terms?

was enacted in 1964 and made it unlawful to discriminate in employment based upon race, color, religion, sex, or national origin. The Act also established the Equal Employment Opportunity Commission to implement and enforce the Act.

What are my rights under the EEO Act?

Executive Order 11246, as amended, prohibits employment discrimination by Federal contractors based on race, color, religion, sex, sexual orientation, transgender status, or national origin, and requires affirmative action to ensure equality of opportunity in all aspects of employment.

What is the EEOC definition of harassment?

Harassment is unwelcome conduct that is based on race, color, religion, sex (including sexual orientation, transgender status, or pregnancy), national origin, older age (beginning at age 40), disability, or genetic information (including family medical history).

What Are The Equal Opportunity Employment Act Rules Regarding Background Checks?

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What are three things that are considered harassment?

The three primary types of harassment often categorized are Verbal/Written, Physical, and Visual, which create hostile environments through offensive language, unwanted touching/assault, or inappropriate images/gestures, respectively, though harassment also includes discriminatory and sexual forms that overlap these categories. These behaviors, whether explicit or subtle, target individuals based on protected characteristics like race, gender, or religion, making a workplace intimidating, hostile, or offensive.
 

What are examples of EEOC violations?

EEOC violation examples include discrimination (hiring/firing/promotion bias based on race, sex, age, religion, disability, etc.), sexual harassment (unwanted touching, slurs, offensive jokes), unequal pay for equal work, failure to provide reasonable accommodation (for religion/disability), retaliation for reporting discrimination, and discriminatory policies like "English-only" rules or biased leave policies, all violating laws enforced by the U.S. Equal Employment Opportunity Commission (EEOC). 

What are the grounds for an EEO complaint?

The following are covered bases under the EEO antidiscrimination laws:

  • Race.
  • Color.
  • Religion.
  • Sex.
  • National origin.
  • Age (40 years old or over)
  • Disability.
  • Genetic information.

What are 5 examples of unfair discrimination?

Five examples of unfair discrimination include being passed over for promotion due to race or gender (racial/gender bias), paying women less for the same job as men (unequal pay), denying reasonable accommodations for a disability (disability discrimination), harassing someone for their sexual orientation (sexual orientation discrimination), or retaliating against an employee for reporting harassment (retaliation). These actions unfairly disadvantage individuals based on protected traits rather than merit, violating laws like Title VII. 

Is it worth suing your employer for discrimination?

Ultimately, whether suing your employer is worth it depends on how severely you were mistreated or discriminated against, the quality of available evidence, the compensation at stake, and your willingness to navigate the legal process.

What happens after filing an EEOC charge?

Within 10 days of the filing date of your charge, we will send a notice of the charge to the employer. In some cases, we will ask both you and the employer to take part in our mediation program.

Who enforces the EEO Act?

The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy, childbirth, or related conditions, transgender status, and sexual ...

What are the four main types of discrimination under the ACT?

The four main types of discrimination are Direct Discrimination, Indirect Discrimination, Harassment, and Victimisation, which cover treating someone worse due to a protected characteristic like age, disability, race, or sex. These forms define illegal unequal treatment, such as outright refusal of a promotion (direct), applying a policy that disadvantages a group (indirect), creating a hostile environment (harassment), or punishing someone for complaining (victimisation). 

What can harassment look like?

Check if what happened is harassment under the Equality Act

Harassment can include things like verbal abuse, bullying, jokes, making faces and posting comments about you on social media. It also includes sexual harassment.

What is the Equal Employment Opportunity Act in simple terms?

Employees and applicants are to be provided a full and fair opportunity for employment, career advancement, and access to programs without regard to race, color, religion, national origin, disability (physical or mental), sex, age, sexual orientation, genetic information, or parental status.

How to prove you are being discriminated against?

The 4 Legal Criteria Needed to Prove Discrimination at Work

  1. You Belong to a Protected Class. ...
  2. Your Employer Made an Adverse Employment Decision. ...
  3. You Met Reasonable Expectations for Job Performance, Job Qualifications, or Availability to Work. ...
  4. Your Employer's Adverse Actions Suggest Discrimination.

What is the most common discrimination claim?

The single most common form of direct discrimination is disability discrimination. More than 24,000 workers brought successful claims about employers mistreating them or denying them disability accommodations in 2020. 36.1% of all discrimination claims involve disability discrimination.

How to win a discrimination case?

Here are some tips for winning your discrimination lawsuit:

  1. Talk to the Offender Before You Move Forward with the Case. If you go straight to a lawyer with your case, this will probably backfire once it goes to court. ...
  2. File a Formal Complaint with Your Company. ...
  3. File an Administrative Charge. ...
  4. Hire a Lawyer.

What evidence is needed for an EEO complaint?

Gathering Evidence for Your EEOC Complaint

This includes emails, memos, performance reviews, or other written records demonstrating discriminatory behavior patterns. Maintaining a detailed record of interactions related to the discriminatory action can be incredibly helpful.

What are the odds of winning an EEOC complaint?

Winning an EEOC case is statistically difficult, with most cases ending in dismissal or settlement, not a full trial victory for the employee; only a small percentage (around 1-2%) go to trial, though many settlements offer favorable outcomes (monetary/policy changes) before that stage, with some sources suggesting ~20-30% resolution through mediation/settlement and 63% of filers losing their jobs overall. Success heavily depends on case strength, evidence, and the EEOC's discretion, with the agency often focusing on strong, high-value claims. 

Do employers usually settle discrimination cases?

Yes, employers very commonly settle discrimination cases out of court, with estimates suggesting over 90% or even 95% resolve through settlement rather than trial to avoid significant legal costs, negative publicity, and the uncertainty of a jury verdict, with mediation often facilitating these agreements. While many cases settle within a year or two, the timeline depends on case complexity and evidence strength. 

What is the 80% rule in discrimination?

The 80% Rule, or Four-Fifths Rule, is an EEOC guideline to spot potential hiring discrimination: if a protected group (like a race, sex, or ethnic group) is selected at less than 80% the rate of the most favored group, it suggests "adverse impact," requiring the employer to justify the practice as job-related and necessary. It's a statistical tool, not definitive proof, indicating when further investigation into disparate impact is warranted in employment decisions.
 

What is indirect discrimination?

Indirect discrimination is the legal term that describes situations when policies, practices or procedures are put in place that appear to treat everyone equally but, in practice, are less fair to those with a certain protected characteristic under the Equality Act 2010.

Do EEOC cases go to court?

When conciliation does not succeed in resolving the charge, the EEOC has the authority to enforce violations of its statutes by filing a lawsuit in federal court. If the EEOC decides not to litigate, the charging party will receive a Notice of Right to Sue and may file a lawsuit in federal court within 90 days.