By: Gregg Zeff
On: November 29, 2023
What Is Gender Discrimination In The Workplace?
Gender discrimination in the workplace occurs when an employee is subjected to unfair treatment based on their gender. There are two federal laws protecting employees from gender discrimination: Title VII of the Civil Rights Act and the Equal Pay Act. Most states also have statutes in place that define and prohibit gender discrimination. Discrimination in the workplace can be categorized into two types of offenses. The first is work and salary decisions being determined or made on the basis of employee gender. The second is harassment based on gender differences in the workplace. Gender discrimination limits the manner that employees identify and express themselves, and frequently they are subjected to sexism, stereotyping, or prejudice.
The terms sex and gender are used synonymously in employment law, even though they have different definitions. Gender discrimination can be committed both directly and indirectly. While deliberate discrimination is apparent through victimization or harassment, indirect discrimination may occur without intent. Laws that prevent discrimination in the workplace do not delineate between positive or negative discrimination. In the case of positive discrimination, actions that favor one gender are still considered illegal. Positive discrimination is not to be confused with positive action.
What Are Examples Of Gender Discrimination At Work?
Discrimination laws can protect individuals from discrimination in the workplace. This happens when an employee’s gender subjects them to less favorable treatment, including harassment, or sexist abuse. Common examples of direct gender discrimination are:
- Advertising positions to imply they are only available to one gender.
- Purposefully misgendering by using the wrong pronouns to address someone.
- One gender is paid less despite having similar job qualifications and responsibilities.
- Demoted or terminated due to pregnancy.
- Limited access to all-gender bathrooms.
- Intimidating or using vulgar language based on gender.
- Targeting an employee with unwanted behaviors.
- Being held to higher standards or assessed differently due to gender.
Unlike the examples of direct gender discrimination, those that are indirect can be much more difficult to identify. Any policies or practices that would prevent someone of a particular gender from achievement, would put them at a disadvantage, hence indirect gender discrimination.
How To Deal With Gender Discrimination In The Workplace?
Dealing with gender discrimination in the workplace can be a daunting and often difficult task. For many that have been unfairly subjected to these unfortunate situations, taking action can be burdensome. To assist you in these trying times, consult with an attorney that is well versed in gender discrimination, like our team at Zeff Law Firm. We can provide you the guidance and support you need to navigate through your case.
If you believe you have been subjected to gender discrimination, there are several essential steps to take to ensure a positive result. First, educate yourself on your employer’s policies and procedures on discrimination and then document all events, conversations, and meetings regarding the discrimination. Having accurate records is essential in your case. You will then need to report your complaint to your supervisor or human resources department, putting your complaint in writing is highly recommended. It is critical to be aware of any or all deadlines for filing discrimination complaints. Also if you belong to a union, speak with a union representative in regards to filing a grievance. Finally, your last action would be to file a formal discrimination complaint with the state’s Fair Employment Practices Agency (FEPA) or the Equal Employment Opportunity Commission (EEOC). Consulting with an attorney through this difficult time would be extremely beneficial to advocate for your rights.
How To Report Gender Discrimination In The Workplace?
Reporting a gender discrimination case can involve a rather complex process. Seek the services of seasoned discrimination attorneys like the experts at Zeff Law Firm, who can assist you in properly processing the necessary paperwork with the EEOC to file a discrimination claim. The process of filing a charge of employment discrimination is as follows:
- Meet with EEO Counselor and most often receive a choice of EEO counseling or in an Alternative
- Dispute Resolution (ADR) program.
- File a formal complaint which will be reviewed by the EEOC.
- Request a hearing
- Appeal the agency’s final order
- Request reconsideration of the appeal decision
- File a lawsuit
Each of these steps are governed by strict deadlines. The process may include some or all of these steps. Utilizing the services of a discrimination lawyer will be an important asset to you when working through the process.
Is It Difficult To Prove Gender Discrimination At Work?
Proving gender discrimination in the workplace can be an arduous task. Gathering both circumstantial and direct evidence to strengthen your claim is crucial to potentially shifting the burden in your case. Because of the variations in allegations, a seasoned veteran discrimination attorney can find and utilize the best evidence to support your claim and improve the outcome of your case.
Discuss Gender Discrimination With The Lawyers At Zeff Law Firm
If you believe you have been subject to gender discrimination in your workplace, the expert team at Zeff Law Firm can advocate for you and ensure your rights are protected. Contact us today to learn how Zeff Law Firm can get you the results you deserve.