What is sex or gender discrimination?
What is sex or gender discrimination? Sex or gender discrimination is treating individuals differently in their employment specifically because an individual is a woman or a man. If you have been rejected for employment, fired, or otherwise harmed in employment because of your sex or gender, then you may have suffered sex or gender discrimination.
Discrimination is generally illegal regardless of whether it is based on sex, or gender, or both sex and gender. You apply for a job for which you have experience and excellent qualifications, but you are not hired because some of the company's long-time clients are more comfortable dealing with men; you are told that you are laid off due to company cutbacks and reorganization, while men in the same job and with less seniority than you keep their jobs; you have worked for your company for several years, receiving exemplary reviews and an employee-of-the-year award, yet each of the five times you have applied for promotions, the positions you applied for are instead filled by less qualified men.
You worked your way up from the position of cook's helper to chef. A male chef with similar training and work experience was recently hired, and you find out that he will be paid more than you; you are a top salesperson for your company, but are moved to a less desirable territory while a man with much lower sales is given your territory and client base, enabling him to make much more in commissions than you will make for several years.
You work at a company for four years and put in many hours of overtime. After you return from having a baby, you tell your employer that you will not be able to put in as many hours of overtime.
Your position is then changed to a lower level and you get less pay, while male coworkers in similar positions are allowed to cut back their overtime hours for personal reasons without any changes to their positions or pay.
Your company's health insurance policy does not cover your spouse, because it is assumed that he will have his own benefits, while your male coworkers have their wives covered by the policy.
Because your husband is between jobs, you have to pay increased health benefits on his behalf that your coworkers do not pay for their wives.
If any of these things have happened to you on the job, you may have suffered sex or gender discrimination. Sex or gender discrimination may be accompanied by other forms of illegal discrimination as well, such as ageraceor disability discrimination.
Pregnancy discrimination and sexual harassment are also considered forms of sex discrimination under the law. Which federal law covers sex or gender discrimination?
Title VII of the Civil Rights Act of is a federal law that protects individuals from discrimination based upon sex. This law makes it illegal for an employer to discriminate against individuals in hiring, firing, and other terms and conditions of employment, such as promotions, raises, and other job opportunities because of their sex.
The laws of most states also make it illegal to discriminate on the basis of sex. For more information, see question 19 below. Additionally, there are specific laws protecting employees of federal contractors from sex or gender discrimination.
Additionally, Executive Order protects employees of federal contractors from discrimination based on compensation inquiries, discussions, or disclosures.
For more information of protections specific to employees of federal contractors see our federal contractors page. Explicit protections against compensation discrimination, sexually hostile work environments, discrimination based on pregnancy, childbirth, or related medical conditions, and discrimination against unlawful sex stereotypes, gender identity, and transgender status are made in the new rule.
This new rule further enforces Section of the Rehabilitation Act of These laws make it illegal for contractors and subcontractors doing businesses with the federal government to discriminate in employment because of race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or status as a veteran.
They are also prohibited from discriminating based on the disclosure or discussion of compensation with other employees. This rule will appear in an upcoming edition of the Federal Register.
Please check back to find when the final rule has been published and when it becomes a law. Who is covered by the law?
Title VII covers all private employers, state and local governments, and educational institutions that employ 15 or more individuals. These laws also cover private and public employment agencies, labor organizations, and joint labor management committees controlling apprenticeship and training.
Many states also make it illegal to discriminate on the basis of sex. For more information, please see our page on the minimum number of employees needed to file a claim under your state law. The law's protections apply to both current workers and job applicants.
If you are a current employee and are fired, not promoted, or not accommodated due to your sex or gender, you are protected.
If you are not hired due to your sex or gender, you are also protected. Can an employer pay me less because I'm a woman? Can I be paid less because I'm a man? The laws against discrimination in compensation cover all forms of compensation, including salary, overtime pay, bonuses, stock options, profit sharing and bonus plans, life insurance, vacation and holiday pay, cleaning or gasoline allowances, hotel accommodations, reimbursement for travel expenses, and benefits.
The EPA requires that men and women be given equal pay for equal work in the same establishment. The jobs need not be identical, but they must be substantially equal. It is the content of the job, not job titles, that determines whether jobs are substantially equal.The New Subtle Sexism Toward Women in the Workplace The Other Side of the Discrimination Coin: Prescriptive Bias Workplace gender bias not only persists but thrives in ways many of us don.
Promoting inclusion and dignity for all marginalized groups and women of all ages, recognizing the many forms of discrimination that women and girls face related to age, ethnicity, class, religion, sexuality, disability, and marital status.
Women at Microsoft filed complaints with the company's HR department between and , including complaints about sexual harassment and about gender discrimination. There were also eight complaints of retaliation and three about pregnancy discrimination.
Discrimination against women starts at birth. Gender lines are drawn early, and exclusions for women continue throughout adulthood. These constant messages may lead to a false belief that women do not belong in the corporate world.
Gender Inequality and Women in the Workplace Women have made great strides in the workplace, but inequality persists. The issue of equal pay is still a hot-button topic. 2. Which federal law covers sex or gender discrimination? Title VII of the Civil Rights Act of is a federal law that protects individuals from discrimination based upon sex.
This law makes it illegal for an employer to discriminate against individuals in hiring, firing, and other terms and conditions of employment, such as promotions, raises, and other job opportunities because of their sex.