Gender Discrimination/Harassment

Gender Discrimination

Under federal law and many state laws, employers must not discriminate on the basis of gender. Employers may not discriminate in decisions regarding hiring, advancement, transfer, pay, benefits and other employment-related conditions. Both women and men are protected from gender-based discrimination. If your employer or a prospective employer has discriminated against you based on your gender, consult an attorney to learn your legal remedies.

Title VII

Title VII of the Civil Rights Act of 1964 bans sex discrimination by employers with at least 15 employees. Any discrimination on the basis of gender that affects the terms and conditions of employment is illegal. Sex discrimination occurs in many different forms, such as when a woman does not get a raise because her boss believes that she is on the "mommy track"; when a man is not promoted because he does not fit a gender stereotype; or when a woman is not hired because the job she seeks is a "man's job." The employer does not have to be of a different gender than the victim of discrimination.

Sex discrimination can happen in two ways:

Disparate impact discrimination occurs when an employer implements an apparently neutral regulation that has an adverse effect on one gender. If the policy relates to a bona fide occupational qualification (BFOQ), then it is acceptable; otherwise, it may be a source of sex discrimination.
Disparate treatment discrimination is more straightforward. It occurs when the employer treats an individual or group differently because of gender.

Equal Pay Act

According to the US Department of Labor, women continue to earn only 75 cents for every dollar that men earn. The Equal Pay Act requires employers to pay employees the same amount for equal work, regardless of gender. Equal work means that the jobs in question require equal skill, responsibility and effort and are performed under similar conditions for the same employer.

The Equal Pay Act does not apply if one worker is more productive or has more seniority. While job duties must be the same, job titles do not need to be identical. The Equal Pay Act applies to wages and most benefits.

Pregnancy Discrimination Act

Title VII, through its Pregnancy Discrimination Act amendment, protects pregnant women from discrimination on the basis of pregnancy, childbirth or related medical conditions. Employers may not discriminate in hiring, provision of leave, benefits or other conditions of employment. Pregnant employees must be treated the same as other workers.

Harassment

Harassment on the basis of gender is prohibited by federal law. Sexual harassment takes two forms:

Quid pro quo harassment occurs when some benefit of employment depends on an employee's submission to unwelcome sexual conduct or requests. If the employee does not submit to the request, the benefit will be denied or the employee will experience an adverse employment decision.
Hostile environment harassment occurs when the actions of supervisors, coworkers or customers create an intolerable, abusive working environment or significantly interfere with the employee's ability to work.

You do not have to tolerate sexual harassment. Make the situation known to your employer through the proper channels. Speak with an attorney for advice on how to proceed.

Consult an Attorney

Employees and applicants for employment have the right to be free from sex discrimination. Hiring, firing, training, promotion, compensation, benefits and other aspects of the employment relationship should never be based on gender unless gender is a bona fide occupational qualification. If you are concerned about gender discrimination, contact an attorney to discuss your case.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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Employment Discrimination Information Center