Laws That Protect From Gender Discrimination in the Workplace

Laws That Protect From Gender Discrimination in the Workplace thumbnail
Workplace gender discrimination isn't allowed by federal and state law.

Equal Rights Advocates, a legal organization dedicated to women's rights, says that gender discrimination can happen in the workplace through the hiring, firing, promotion or job classification process. If you feel discriminated against because of your gender through those scenarios, Equal Rights Advocates suggests writing it down and reporting it to your union. Or, use some federal and state laws with help from a lawyer to protect you.

  1. Title VII of the 1964 Civil Rights Act

    • Title VII of the 1964 Civil Rights Act prohibits gender discrimination in the workplace. This can be applied to a woman or a man. Specifics under Title VII include bans on discrimination based on being pregnant and stereotyping by gender, as well as protection from sexual harassment. According to HR Hero, a website devoted to employment law, Title VII doesn't protect from sexual orientation discrimination, but some state discrimination laws do.

    Pregnancy Discrimination Act

    • This federal law is mentioned in Title VII of the Civil Rights Act but is usually set aside as a separate law, says HR Hero. Through this method, women suing for workplace discrimination due to pregnancy or childbirth are protected by direct citation of the law. Overall, the law protects from discriminating against any medical issue that might arise from a woman's pregnancy.

    Equal Pay Act

    • Here you have another federal law that's part of a larger federal law. The Equal Pay Act is part of the Fair Labor Standards Act. It protects a man or a woman from being discriminated against for pay on the job. However, the law only applies toward gender issues in relation to pay rather than any other situation.

    Title IX of the Education Amendments of 1972

    • For students in federally funded schools, Equal Rights Advocates says gender discrimination is prohibited by Title IX of the Education Amendments of 1972. This federal law applies strictly to educational institutions from preschool up to graduate school. Despite the law helping students in schools that are funded federally, it doesn't apply to all those schools. Examples of where it does not apply include military schools, religious organizations and fraternities and sororities in universities.

    State Laws

    • Most states have some kind of gender discrimination law, says Equal Rights Advocates. But consult with a lawyer about what those laws are. One well-known state gender discrimination law is the California Fair Employment and Housing Act (FEHA). Through this law, gender discrimination is prohibited in the workplace, which includes private organizations, employment agencies and labor organizations. Each one has to have five or more employees working there for the law to apply.

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  • Photo Credit gender simbol image by Nataliya Galkina from Fotolia.com

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