Examples of Gender Discrimination in the Workplace

Despite increased awareness, gender discrimination (sometimes referred to as sexual discrimination) remains an issue for many employees. Whether you are experiencing subtle or overt gender discrimination at your place of employment, discrimination against someone on the basis of gender, sex, or gender identity is against the law. If you believe you are being discriminated against on the basis of your gender, the best thing to do is contact an attorney to discuss your options. 

Sexual Harassment

Sexual harassment is one of the most common forms of gender discrimination that employees experience. Whether it is overt or subtle, it can create a hostile work environment that can make it difficult for you to perform your job. Sexual harassment can include the following: 

• Making unwanted sexual advances;
• Requesting sexual favors;
• Making sexual facial expressions or gestures;
• Making lewd comments, innuendoes, or jokes of a sexual nature;
• Displaying offensive images or objects; and
• Inappropriate touching.

In order to have a claim, you must be able to demonstrate that the discriminatory behavior created a hostile work environment. This means that the behavior was of a persistent and recurring nature. In other words, you likely will not have a claim based on a single incident. However, an experienced employment lawyer can help you determine whether you have a claim and discuss your options for proceeding. 

Hiring or Termination on the Basis of Gender

It is against the law for employers to make hiring or termination decisions on the basis of sex, gender, or sexual orientation. Such decisions must be based on factors such as the candidate’s skills, education, experience, or job performance. The same considerations apply to decisions involving things such as assignments, promotions, and opportunities for bonuses. 

Unequal Compensation

Both federal law and the California Equal Pay Act prohibit unequal compensation on the basis of gender for employees who are engaged in the same work. This doesn’t mean that men and women cannot be paid different amounts for the same job, but employers must be able to demonstrate that compensation is based on some other bona fide factor other than gender such as education, experience, or training. As you might imagine, employers who are accused of engaging in compensation-based gender discrimination will quickly claim that it is based on some factor other than gender. This is why it is so important to talk to a knowledgeable employment lawyer if you believe that you have been discriminated against in terms of your compensation. 

Gender-Based Segregation

Employers cannot segregate employees based on their gender, especially if it means that one gender is disadvantaged as a result. As a result, having gender-specific bathrooms may not be illegal, but any segregation that limits advancement or other opportunities is prohibited. 

Have You Been Discriminated Against? Contact Attorneys for Employees Today

We know how hard it can be to take action when you have been discriminated against – the risk of losing your job or being further harassed can be paralyzing. That is why we offer a completely confidential consultation for anyone who believes that they may have a claim. To discuss your case and how we can help, contact us today by calling 310-601-1330 to schedule an appointment.