Things Employees Should Know About Gender and Sex Discrimination

Even though gender and sex seem similar, they definitely are different. A person’s sex has to do with their biology and gender has to do with social constructs.  Sex has to do with such things as what genitalia a person was born with and the differences in hormones and hormone levels between a male and female. Unlike a person’s sex, gender is not a matter of biology but is socially constructed by society. 

In this article, you’ll learn:

• What is gender discrimination?
• What is sex discrimination?
• Four points that must be proven in a gender discrimination claim
• Other forms of discrimination

What is gender discrimination?

Gender discrimination is prohibited by law from occurring in the workplace and those who are discriminated against based on gender may have the right to sue their employer.  But what does it mean to be discriminated against based on gender?  Because gender is a product of a society’s ideals and norms, the way in which someone can be discriminated against may vary.  What does remain consistent though is that if an employee or applicant is treated adversely because of oversimplified ideas attached to gender, that employee or applicant may have rights that need to be enforced by a Discrimination Attorney. 

For example, Joe worked at a sporting goods store as a sales representative in the men’s sports jersey section.  He had been working for the store for about two years and loved his job.  Recently a new manager named Bill was hired to oversee the sales team including Joe.  Upon Bill’s hire, he began tracking all the employee’s sales.  On numerous occasions, Bill told Joe his sales did not reflect a “real man’s work” and that Joe was “was not acting like a man and needed to grow a pair”.  Other female sales representatives were not held to the same standard as Joe and in fact, had significantly lower numbers than Joe but were not reprimanded but Bill continued to bully Joe.  Joe was the only male sales representative at the store so he felt as though he was being singled out based on stereotypes attached to being a man.  Here, Joe might find it helpful to make a complaint to the store’s Human Resources Department.  In his complaint, he might need to make it clear that feels he is being treated negatively based on gender.  The Human Resources Department should address the issue immediately by taking steps to prevent discrimination from reoccurring.  If nothing is done to prevent the discrimination from happening again, Joe would need to contact a Discrimination Attorney to discuss what his next step should be.  

 

What is sex discrimination?

As previously mentioned, a person’s sex is protected by the law which identifies discrimination against an employee or applicant based on their sex or perceived sex as unlawful behavior. Sex discrimination can be exercised through the act of singling out an employee or applicant because of their biological makeup that makes that employee or applicant male or female.  For example, Melanie worked for a marketing firm for the last four years.  Recently the firm began holding interviews to fill a director position.  Melanie was overly qualified for the position and was interested in being promoted from her current position.  After she applied for the position, Greg, a lower-ranking employee in her department was appointed the new director.  When Melanie asked her male boss why she was not awarded the promotion, her boss said it was because the role was more suited for a man.  Here, Melanie may have a claim against her employer for sex discrimination.  Melanie maybe have a strong case against her employer for multiple reasons such as she was passed over for a promotion that she as qualified for, the person who was awarded the position was not qualified and was a male, and she was told by her boss that she was not chosen for the promotion because of her sex.  Being passed over for employee benefits because of an employee’s sex is a strong indicator that he or she was discriminated against.  Other indicators may be pointed out by a Discrimination Attorney. 

Four points that must be proven in a gender discrimination claim

In order for an employee or applicant to have a strong case against their employer for gender discrimination, the employer must show that the law recognizes him or her as belonging to a protected class, he or she was treated negatively at work, he or she possessed the skills and qualifications required for the position, and he or she was replaced by another employee who was not considered as part of a protected class or other employees who were not considered protected were favored over the protected employee.

These points can be proven but may need the assistance of a Discrimination Attorney in order to ensure the employee or applicant has a claim.

Other forms of discrimination

Discrimination can be demonstrated through name-calling, teasing, harassment, denial of employment benefits, demotion, reduction of an employee’s hours, reducing an employee’s pay, demotion, transferring an employee, making an employee’s job difficult, and even termination.  Every case is unique in its facts and circumstances, but luckily the laws are flexible.  With the help of a Discrimination Attorney, an employee may be able to sit down and have a face-to-face meeting to discuss what happened to them specifically.  A Discrimination Attorney may be able to analyze the facts and make a case against the employer for discrimination.

                Any employee or applicant should not have to endure mistreatment in the workplace based on gender or sex.  The state and federal laws support a workplace that provides equal opportunities for all employees.  Although discrimination in the workplace is prohibited by law, employees, and applicants are still vulnerable to employers and organizations that do not respect these laws.  If you or someone you know has been victimized by an employer and treated unfairly because of gender or sex, that employee or applicant should call a Discrimination Attorney who offers free consultations. Gender and sex discrimination may be difficult for some people to separate in terms of what kind of discrimination case they may have but a Discrimination Attorney can solve this problem.