In the United States, every employee has the legal right to work free from sex-based discrimination. Based on the Title VII of the Civil Rights Act of 1964, sex discrimination in the workplace is prohibited. Under this civil right, employers cannot discriminate against a worker by the reason of sex, which includes, but is not limited to the following:

  • Childbirth and
  • Pregnancy

It is equally important to understand that Title VII also protects against sexual harassment in the workplace.

Understanding Sex-Based Discrimination

Unlawful sex-based discrimination occurs when an employer treats an employee or a jobseeker differently because of that person’s gender. Sex-based discrimination is illegal in many parts of the employment process, which can include the following:

  • The hiring process
  • The interview process
  • Salary start point
  • Employment promotions
  • Employment benefits
  • Employment responsibilities
  • Permanently or temporarily displacing a worker

Common examples of sex-based discriminatory practices in the workplace include

  • An employer who does not allow women to be in higher positions in the company
  • An employer who will not give the same responsibilities to women employees
  • An employer who will offer one particular gender a promotion

These forms of discrimination are not always evident. Many times, the employee who is being discriminated against will often doubt that discrimination is even the case. There are, however, other outright discriminatory actions.

Gender-Based Stereotypes or Assumptions

Generally, many sex-based discriminatory practices in the workplace happen because of what is considered as “traditional gender roles”. These sexist assumptions limit a person’s abilities or capacities due to their gender. For instance, an employer may not want to hire women because of the belief that a woman’s duty is to be a homemaker. What is frequently seen, however, is that an employer will not offer a woman a high-ranked position in the business because the employer assumes a woman’s personal priority will be to be a caretaker, especially if she has children to look after.

Whether or not the employer looks to benefit and support the woman or if the employer is outright being sexist, these discriminatory practices are unlawful and violate the worker’s civil rights. Employers will often incorrectly believe that they are doing a worker a favor by offering the worker fewer responsibilities. Instead, not offering equal duties is a disservice, not only to the gender being discriminated against, but also to the other individual who often has to deal with double the workload.

The Bottom Line

If you have reason to believe that you are being discriminated against in your place of work because of your gender, contact an attorney. Gender discrimination is usually not a solitary action, and there may be other employees who are experiencing similar circumstances in your place of work. If your civil rights are being violated, an experienced attorney can vigorously champion for your rights. A qualified attorney can help you determine if you have a valid claim, and can also guide you in the process of filing for a workplace discrimination claim with the appropriate agency. Defend your rights, there are many laws that can protect you.

Attorney Justin H. King is recognized as one of the most experienced litigators in workplace discrimination law. If you were discriminated against in your place of work due to your gender, it is important to have the support of a qualified attorney who understands employee rights laws. Attorney Justin H. King has rightfully defended many workplace discrimination victims.