Gender Discrimination
Your employer cannot treat you differently because of your gender. The law prohibits employers, employment agencies, and labor unions from discriminating against an employee because of the employee's sex. Your employer also cannot harass you or create an unreasonable environment at work based on your gender.
Gender Discrimination at Work
It is illegal for an employer to discriminate in any aspect of employment, including applying for a job, hiring, training, pay, job assignments, promotions, fringe benefits, layoff, termination, and any other term or privileges of employment. Gender discrimination in the workplace can affect individuals of both genders. In addition to claims in federal court if their employer subjects them to gender discrimination, many state and local laws provide protection to employees on the basis of their sexual orientation and gender identity or expression.
Examples of gender discrimination may include:
- Unequal pay, benefits, and job assignments based upon sex.
- Failure to promote or implement a “glass ceiling” where persons of a particular gender are not given the same promotional opportunities or are prevented from obtaining the same promotional opportunities as their counterparts.
- Failure to provide the same training and on-the-job education to persons of a particular gender in an effort to prevent advancement.
Gender Discrimination & Harassment
It is illegal to discriminate against or harass an applicant or an employee simply because their behavior or appearance does not conform to traditional sex or gender stereotypes. Lesbian, gay, bisexual, and transgender (LGBT) individuals may bring sex discrimination claims including allegations of sexual harassment or other kinds of sex discrimination because of the person's non-conformance with gender stereotypes.
Harassment can include:
- Sexual harassment, unwanted sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.
- Harassment does not have to be of a sexual nature and can include offensive remarks about a person's sex. For example, it is illegal to harass a woman by making offensive comments about women in general.
- Harassment can include offensive remarks about a person's gender and is illegal when it is recurrent or severe, creating a hostile or offensive work environment or when it results in an adverse employment decision (such as the employee being demoted or fired).
The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer. Both victim and the harasser can be either a woman or a man, and the victim and harasser can be of the same sex.
Employment practices that are only based on a person’s gender are rarely acceptable and should be addressed immediately. Gender discrimination may be obvious and include sexist comments, jokes, or acts, or, it can be subtle and take the form of non-expressive action. Gender discrimination, whether expressed or implied is unlawful and employers who engage in these practices should be held accountable.
What can a Discriminated Employee Possibly Recover?
An employee can recover back pay, interest, compensatory damages, attorney fees, and litigation costs.
If you believe your employer has discriminated against you on the basis of your gender or sex, or because you don't conform to gender stereotypes, or because of your pregnancy status, or if you've been sexually harassed, subjected to a hostile work environment, or retaliated against because you reported such harassment or discrimination, Henrichsen Law Group, PLLC’s employment law team is your partner in protecting your rights. We are experienced at representing employees who have been discriminated against because of their gender. Our gender discrimination attorneys handle cases in the District of Columbia, Maryland, Virginia, New Jersey, New York, Florida, and Georgia.
