Discrimination Law

Sex Discrimination and Gender Discrimination

Key Takeaways

  • Sex Discrimination is treating someone unfairly or unfavorably because of their sex.
  • Sex discrimination includes gender, gender identity, pregnancy, and sexual orientation.
  • It is a type of employment discrimination and includes various aspects of employment, including hiring, firing, promotions, and conditions of employment.

Sex discrimination is illegal, but it remains a significant issue in workplaces across the country. Sex and gender discrimination undermine the principles of fairness and equality. This article provides insight into various aspects of sex discrimination laws. This includes workplace examples and steps you can take to combat sex discrimination.

If you are the victim of sexual discrimination, contact a local and experienced sex discrimination lawyer. A lawyer can offer legal advice and represent you in legal action.

Sex Discrimination and Workplace Discrimination

Sex Discrimination is treating someone unfairly or unfavorably because of their sex. Since the 2020 U.S. Supreme Court decision in Bostock v. Clayton County, sex discrimination includes discrimination because of someone’s gender, gender identity, or sexual orientation.

Sex discrimination is a frequent type of employment discrimination. It can involve a range of discriminatory behaviors and conditions of employment.

Sex discrimination takes many forms. It can be blatant or quiet, like seemingly innocent policies and words. Sexual harassment and discrimination can also involve unwelcome sexual advances and a hostile work environment.

What Sex Discrimination Looks Like

Sex discrimination in the workplace can take many forms of employment actions. Here are eight common examples:

  • Unequal pay for equal work as employees of a different sex
  • Promotional discrimination
  • Job segregation and assigning job roles based on the person’s sex
  • Making unwanted sexual comments, gestures, or physical contact that affects work performance
  • Pregnancy discrimination
  • Gender identity discrimination, including different treatment of transgender workers
  • A hostile work environment that creates an intimidating or offensive workplace for workers of a certain sex
  • Offering promotions or better assignments in exchange for sexual favors

Employment Laws Outlawing Sex Discrimination

Several laws at the federal and state levels prohibit sex discrimination:

  • Title VII of the Civil Rights Act of 1964: This federal law prohibits employment discrimination based on race, color, religion, sex, or national origin. It covers employers with 15 or more employees. The U.S. Equal Employment Opportunity Commission (EEOC) enforces employment discrimination laws.
  • Equal Pay Act of 1963: This federal law requires that employees in the same workplace get equal pay for equal work. The jobs don’t have to be identical, but they must be substantially equal.
  • Pregnancy Discrimination Act: This act prohibits discrimination based on pregnancy, childbirth, or related medical conditions. Employers must treat pregnant employees the same as others with similar abilities or limitations.
  • Title IX of the Education Amendments of 1972: Title IX is primarily focused on education. However, it also addresses sex discrimination for workers in educational institutions that receive federal funding.
  • State laws and local laws: Many states and cities have their own anti-discrimination laws that provide additional protections against sex discrimination that go further than federal laws.
  • Your employee handbook: Your employee handbook may include prohibitions against discrimination that include ways to hold violators accountable.

What to Do If You Are Experiencing Sex Discrimination

If you believe you are experiencing sex discrimination, you can take action to protect your rights and hold people accountable. Here are some steps to consider:

  • Document everything: Keep detailed records of the discriminatory behavior, including dates, times, locations, and the names of any witnesses. Save texts and emails. Documentation will be the evidence you use to support and prove your claim.
  • Report the discrimination: Follow your company’s procedures for reporting discrimination. This usually means contacting your human resources department or supervisor. Be sure to write your complaint and keep a copy for your records.
  • Talk to an employment discrimination lawyer: Consult an employment discrimination lawyer to understand your rights, options, and next steps. They will help preserve evidence, assert your rights, and guide you through the legal process.
  • File a complaint with the EEOC: If your employer does not address the discrimination, you can file a complaint with the EEOC. The EEOC enforces federal anti-discrimination laws and can investigate your claim. A lawyer can assist in filing a discrimination complaint with the EEOC or the appropriate state agency. This ensures you include all necessary information and meet the filing deadlines.

How an Employment Discrimination Lawyer Can Help

Many discrimination cases settle out of court. Your lawyer can negotiate with your employer to seek a fair settlement that compensates you for any harm. If your case goes to court, your lawyer will represent you. Your attorney can also help guard against retaliation for filing a discrimination complaint.

If you are experiencing sex-based discrimination, contact an experienced sex discrimination lawyer, who will give you legal advice and help you understand your rights.

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