Workplace Gender Discrimination

While gender discrimination in the workplace is illegal, and many laws are in place to stop it, this form of sex discrimination workplace still exists. While the bulk of gender discrimination is aimed at women, fifteen percent of all cases reported to the Equal Employment Opportunity Commission (EEOC) where filed by males.

Types of Gender Discrimination

Under the Civil Rights Act of 1964, Title VII, employers are prohibited from discriminating and employees based on gender. If such an act does occur, it should be reported to the EEOC. Acts of Gender Discrimination in the workplace include, but are not limited to:

• Outright exclusion due to gender
• Labeling of jobs as “man only” or “woman only”
• ‘Unwritten’ rules for success, based on appearance vs. performance
• Generally barring pregnant women from the workplace
• Not hiring or promoting a woman due to their having children, while promoting/hiring men in the same situation (the “sex plus” theory)
• Lowered benefits based on gender
• Unequal pay for equal work due to gender
• The “Glass Ceiling,” not promoting past a certain point based on gender

Gender Discrimination Case

In addition to the Civil Rights Act of 1964, The United States Supreme Court, federal courts and state courts have all defined employee rights and employer’s liability for violating the gender rights. If the employee’s rights are violated, the employer becomes liable to civil and even criminal damages. In 2008 alone, the EEOC resolved 11,731 such cases in the workplace, which resulted in $47.4 million in monetary benefits for the charging parties. Clearly, when gender discrimination is allowed, all parties lose.

Preventing Gender Discrimination At Work

While the law and the courts already have taken a hard stand against gender discrimination and provide protection under the law for victims of it, employers can also take steps to prevent it:

• Clearly communicate Gender Discrimination will not be tolerated
• Provide training on what constitutes Gender Discrimination to employees
• Establish an effective grievance or complaint process
• Take immediate, effective action whenever such a case occurs

Filing EEOC Claim

While laws and workplace procedures are in place to protect you from gender discrimination, it is important to seek immediate legal help in most cases. There are very specific time limits and procedures for such cases, and the burden of proof must also be properly handled when entering a court of law. If you work for a public entity such as a government agency or school system, before the case can even be tried, a claim must be filed with the EEOC, which a lawyer will be able to assist with. In short, an experienced lawyer will be able to ensure your case properly filed, is given proper treatment under the law, and full justice is brought to it.

Plain and simple, gender discrimination in the workplace is illegal. It has been tried at all levels of the US court system, and confirmed as an illegal activity in every form. There are many steps and procedures in place to assist those who are victims of this crime. If you are such a victim, act immediately to report your incident.

• If you need help with an employment problem, click here for a Free Case Review from a local Employment Lawyer. The content of this site is provided for informational purposes only, and should not be construed as legal advice. Always seek competent legal counsel for any legal questions.