What is Sex Discrimination?

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Sexual Discrimination is treating someone (an applicant or employee) unfavorable because of his or her sex.  It can also involving treating a person differently because they are associated with a person, group, or organization that is generally associated with a certain sex.  It is illegal to discriminate against anyone because of sex in any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. 

Some common forms of sex discrimination include:

  • Pregnancy discrimination – where an employer discriminates based on pregnancy, childbirth, or related medical conditions.  If a woman is unable to perform her job duties because of pregnancy the employer is legally bound to treat the pregnant woman like any other temporarily disabled person.
  • Family status discrimination – occurs when an employer does not promote, hire, or pay or give job assignments to a person because of their family status.  Family status discrimination can include employees with small children or employees in caregiver roles, where they maybe caring for an aging parent. 

How do you Enforce Your Equal Gender Rights?

The Equal Employment Opportunity Commission (EEOC) is the federal agency charged with protecting employees from pregnancy discrimination.  EEOC Pregnancy discrimination became part of the Civil rights act through amendment in 1978. The law covers employers with 15 or more employees.  State laws may give additional protection against family status discrimination, and pregnancy discrimination.

Do You Need a Employment Lawyer?

If you think you have been a victim of pregnancy discrimination or family status discrimination, consult a lawyer who specializes in employment law.  A lawyer who is a race discrimination attorney may also be able to assist you because both of these areas of the law concern Title VII of the Civil Rights Act of 1964 as amended.  They can advise you on the strength or weakness of your case, give you information about what you need to prove and what timelines are important.  They can provide you with information on any rights you may have against pregnancy discrimination and family status discrimination under state law.  State law may give you additional protections against pregnancy and family status discrimination.

Gender Discrimination Summary

Sexual Discrimination can take the form of pregnancy discrimination or family status discrimination. It can affect men as well as women in men find themselves in the non-traditional role of caregiver.  The EEOC enforces the laws against sexual discrimination.  Race discrimination attorneys or attorneys who practice other aspects of employment law may be able to assist an employee in protecting their rights under title VII of the Civil Rights Act of 1964.

This article is provided for informational purposes only. If you need legal advice or representation,
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