Discrimination based on gender can take place at any time during employment, from the initial job application through the last day of employment. In many cases, but not all, sex or gender-based discrimination is accompanied by sexual harassment in the workplace. Both are violations of Title VII of the Civil Rights Act of 1964 as well as state laws.
Gender discrimination can take a number of forms, such as:
- Your employer provides benefits to the wives and families of male employees but the same benefits are not available to the husbands and families of female employees
- Your employer refuses to hire you or promote you because, as a woman, you are not as tough as a man, or because, as a man, you are not considered as sensitive as a woman
- Your employer gives you above average reviews, but you are frequently passed over for promotions that are filled by less qualified and less senior individuals of the opposite sex
- Your employer is stricter with you and other coworkers of the same sex as you than he/she is with coworkers of the opposite sex
- Members of the opposite sex are paid more than you and other coworkers of the same sex as you
- Company policies that may seem neutral are actually not because they have the effect of excluding individuals on the basis of sex
- You are not hired because you are a woman with young children, but a man with young children is hired
- Your employer refuses to train, promote or assign significant work opportunities to married women while giving such training, promotion and work opportunities to married men and/or single employees
Discrimination based on gender generally takes four basic forms in the workplace, including the following:
- Disparate treatment occurs when an employee is treated differently because of gender or sex
- Disparate impact occurs when company employment practices exclude or otherwise negatively impact employees on the basis of gender or sex, even when unintentional
- Sexual harassment/hostile work environment occurs when misconduct interferes with individual work performance or creates an intimidating, hostile or offensive work environment
- Sexual harassment/quid pro quo is misconduct linked to a grant or denial of a tangible job benefit
We are here to help. If you believe you have been the victim of unlawful sex or gender discrimination, please call or email us to set up a free, confidential consultation so that we may discuss your situation. Immediate attention and reporting are crucial in sex/gender discrimination cases in order to make the inappropriate actions cease. Our attorneys have extensive knowledge concerning the laws prohibiting sex and gender discrimination, including protection against any retaliation by your employer, and we will work to remedy the discriminating conduct and protect your rights.
