Gender Discrimination Lawyer

What is Gender Discrimination?

Gender discrimination is unequal or disadvantageous treatment of an individual or group of individuals based on gender. Sexual harassment is a form of illegal gender discrimination. 

Gender discrimination can be treating an individual differently based upon his/her gender in academia or extracurricular activities, academic programs, discipline, class assignments given in a classroom, class enrollment, physical education, grading, and/or athletics. 

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Title VII of the Civil Rights Act of 1964 protects individuals against employment discrimination based on sex as well as race, color, national origin, and religion. Title VII applies to employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government.

It is unlawful to discriminate against any employee or applicant for employment because of his/her sex concerning hiring, termination, promotion, compensation, job training, or any other term, condition, or privilege of employment. Title VII also prohibits employment decisions based on stereotypes and assumptions about abilities, traits, or the performance of individuals based on sex. Title VII prohibits both intentional discrimination and neutral job policies that disproportionately exclude individuals based on sex and that are not job related.

Sexual Harassment:

This includes practices ranging from direct requests for sexual favors to workplace conditions that create a hostile environment for persons of either gender, including same sex harassment.

Pregnancy Based Discrimination:

Title VII was amended by the Pregnancy Discrimination Act, which prohibits discrimination based on pregnancy, childbirth and related medical conditions. The Equal Pay Act of 1963 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 equal. Title VII also prohibits compensation discrimination based on sex. Unlike the Equal Pay Act, however, Title VII does not require that the claimant’s job be substantially equal to that of a higher paid person of the opposite sex, or require the claimant to work in the same establishment.

 

It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on sex or for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under Title VII

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