Not actual cases so I believe it is GQ and not IMHO.
Inspired by the NFL discussion over the n-word.
Suppose I work at a place where black people use the term “nigga” for each other. Management has heard this many time and does nothing to stop it. One time I as a white person say “What up, nigga?” not meant in a derogatory way. I get fired for “workplace insensitivity”. Is that racial discrimination?
Let’s say there is an industry that is well known as gender-biased. No one and comes out and says, “We didn’t hire you because you have a vagina.” but women only form a small percentage of management which gets smaller the higher you go up and other issues. Let’s use a sports magazine as an example. 25% of editors are women, 10% of head editors are women and only 2 department heads are women. A sports owner told a female reporter she “has a great ass.” and requested the females from the magazine wear short skirts but her editor does nothing as to “not offend the owner.” Hiring/promotion criteria include not outright discriminatory factors but certainly gender-biased like preference for former football/basketball/baseball players. So you are a woman and apply for a promotion. You are the most qualified person applying with time with the magazine, awards, professional certification in your field. You’re boss always calls on you to deal with the tough interviews, great performance evals, etc. And you lose the promotion to a former baseball player that has not worked for the magazine let alone as a reported but is a friend of the Chief Editor. How would you go about proving sexual discrimination? Unless the Chief Editor is stupid and said “because you’re a woman” on tape or in court, can such overt and systematic sexual discrimination really win the lawsuit for you?