Gender Discrimination

What Is Gender Discrimination?

Gender discrimination is the unequal treatment of  people based on their gender. Gender discrimination can occur in the workplace, at school, when receiving health care, and everyday interactions.  Gender discrimination can be directed toward individuals of any sex, gender, or gender identity.  Sexual harassment is a form of gender discrimination.  So is pregnancy discrimination.

How Do I Know if I Have a Workplace Gender Discrimination Case?

 Some examples of sex discrimination in the workplace include:

• Being passed over for a promotion or job opportunity in favor of someone of a different gender
• Being paid less than your colleagues of a different gender for the same work
• Being subjected to sexual harassment Being denied benefits or opportunities that are available to your colleagues of a different gender
• Being treated differently or less favorably than your colleagues of a different gender

An attorney can help you understand your legal rights, gather evidence, and represent you in court or in negotiations with your employer. It’s important to document any discriminatory actions or behaviors you have experienced, including the date, time, and names of any individuals involved. It’s also important to keep any documents that pertain to the discriminatory actions or behaviors. For example, if you were denied a promotion, keep copies of the posted information, your application, and any documents that the employer may have considered, such as past performance appraisals. This information will be useful in building a case should you decide to pursue legal action.

What are Examples of Gender Discrimination in the Workplace?

• Denying a job opportunity or promotion to a qualified candidate because of their gender
• Paying a female employee less than a male employee for the same work or job
• Making offensive or derogatory comments or jokes about a person’s gender
• Refusing to hire or promote a person because they are pregnant or might become pregnant
• Harassment or violence directed at an individual based on their gender
• Forcing a person to conform to traditional gender roles or stereotypes
• Denying an employee access to benefits or opportunities available to employees of a different gender
• Making decisions based on gender stereotypes and not considering individual qualifications

When Should I Contact an Attorney For Gender Discrimination?

If you believe that you have experienced gender discrimination, an attorney who specializes in employment discrimination can help you understand your legal rights, gather evidence, and represent you in court or in negotiations with your employer.

Here are some situations when you should consider contacting an attorney for gender discrimination:

• If you have been fired, demoted, or had your hours reduced because of your gender
• If you have been passed over for a promotion or job opportunity in favor of someone of a different gender
• If you have been paid less than your colleagues of a different gender for the same work
• If you have been subjected to harassment or discrimination because of your gender
• If you have been denied benefits or opportunities that are available to your colleagues of a different gender
• If you have been treated differently or less favorably than your colleagues of a different gender
• If you have been retaliated against for complaining about discrimination or harassment
• If you are facing discrimination on the basis of your gender identity or expression

There may be a time limit to take legal action or file aa lawsuit, so you may wish to consult with an attorney as soon as possible. An attorney can help you understand the process of filing a complaint, the legal requirements for a discrimination claim, and the potential outcomes of litigation. 

What are the legal protections against gender discrimination?

Federal, state, and local laws provide protections against gender discrimination. Here are a few federal examples:

• The Civil Rights Act of 1964 (Title VII) is a federal law that prohibits discrimination on the basis of sex in the workplace, including hiring, firing, promotions, and pay.
• The Pregnancy Discrimination Act of 1978 is an amendment to Title VII that prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions.
• The Pregnant Workers Fairness Act of 2022 is a federal law that requires certain employers to provide reasonable accommodations to a workers’ known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship.
• The Equal Pay Act of 1963 is a federal law that requires employers to pay men and women equally for the same work.
• Title IX of the Education Amendments of 1972 is a federal law that prohibits discrimination on the basis of sex in any education program or activity that receives federal funding.

Many states and localities have laws and regulations that provide additional protections against gender discrimination. For example, some states have laws that prohibit discrimination on the basis of sexual orientation or gender identity, or that make it easier to prove pay discrimination.

It is important to be aware of these legal protections and to seek legal advice if you believe that you have been the victim of discrimination. An attorney who specializes in employment discrimination can advise you on the appropriate next steps and help you navigate the legal process.

How does gender discrimination affect transgender people?

Gender discrimination affects transgender people in the workplace, in healthcare, and in their daily lives. In the workplace, people who are transgender often face discrimination in hiring, promotion, and pay. They may also be subjected to harassment and discrimination from colleagues and supervisors. In healthcare, transgender individuals may be denied access to necessary medical treatments, such as hormone therapy or surgery. They may also face discrimination and mistreatment from healthcare providers. In their daily lives, people who are transgender may experience discrimination in housing, education, and other areas. This discrimination can lead to poverty, unemployment, and poor health outcomes for transgender people. The legal system in particular, and society in general, must recognize and address gender discrimination against transgender people to promote equality and fairness for all.

Our Process

• Submit your claim

  Reach out to us for a confidential, encrypted, and free conversation. We are here to listen and help you determine your next steps, no matter what they may be.

• We get to work on your behalf

  Our team of seasoned attorneys will fight complex cases on your behalf with passion, creativity, and integrity every step of the way.

• Results Achieved

  Our mission is to advance justice—and to achieve results. We are proud of our clients for being catalysts for change, and will work tirelessly to achieve the outcome we seek together.