Understanding Gender Discrimination in the Workplace

Federal Protections

• Title VII of the Civil Rights Act of 1964
  Prohibits employers with 15 or more employees from discriminating based on sex, which includes gender, gender identity, and gender expression. It also protects employees from sexual harassment and retaliation.
• Equal Pay Act (EPA)
  Requires that men and women in the same workplace be given equal pay for equal work. The work does not have to be identical but must be substantially equal in terms of skill, effort, and responsibility.
• State Laws
  Many states expand protections, covering smaller employers, offering broader definitions of gender discrimination, and imposing additional pay equity requirements.

• Refusing to hire or promote individuals based on gender or gender identity.
• Paying employees of one gender less than employees of another for substantially equal work.
• Denying training or advancement opportunities based on gender stereotypes.
• Assigning less desirable job duties based on gender.
• Subjecting employees to gender-based harassment, including offensive jokes or comments.

Sexual harassment is a form of gender discrimination prohibited by federal and state law. It can include:

• Unwanted sexual advances or requests for sexual favors.
• Verbal or physical harassment of a sexual nature.
• Offensive remarks about a person’s gender or gender identity.

Harassment becomes unlawful when enduring it becomes a condition of continued employment or it creates a hostile work environment.

Proving a Gender Discrimination Claim

Evidence may include:

• Disparate treatment compared to employees of another gender.
• Pay disparities without legitimate justification.
• Documentation of discriminatory remarks or conduct.
• Sudden changes in evaluations or job assignments after disclosing gender identity or pregnancy.
• Retaliatory actions after reporting discrimination or harassment.

Protection Against Retaliation

Federal and state laws prohibit retaliation against employees who:

• File a complaint or charge of gender discrimination.
• Participate in a workplace investigation.
• Oppose discriminatory practices.

Retaliation can include termination, demotion, harassment, or other adverse employment actions.

Remedies for Gender Discrimination

Potential remedies may include:

• Hiring, reinstatement, or promotion.
• Back pay and lost benefits.
• Compensatory damages for emotional distress.
• Punitive damages where allowed by law.
• Attorneys’ fees and litigation costs.

Addressing Gender Discrimination in the Workplace

Employers can reduce risk by:

• Implementing comprehensive anti-discrimination policies.
• Providing regular training on gender equity and harassment prevention.
• Establishing clear complaint procedures.
• Promptly addressing reports of discrimination or harassment.

Miller Shah LLP is prepared to evaluate and pursue gender discrimination matters on behalf of individuals who have experienced unlawful treatment in the workplace. The firm’s attorneys assess claims under federal and state laws, advise on potential remedies, and advocate to protect employees’ rights in cases involving gender bias, pay inequality, or harassment.