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What is Gender/Sex Discrimination in the Workplace?

by Richard J. Banta | May 16, 2021 | Blog

Gender discrimination in the workplace happens when employers make decisions based on the gender of an employee. Anyone who feels they are being sexually harassed or not treated equally due to gender is strongly advised to get legal protection immediately. The discrimination may occur between people of the same or a different sex, and usually takes on one of the following forms:

  • Disparate Impact: when policies for a company adversely affect or exclude some workers based on their gender (even if it was unintentional).
  • Disparate Treatment: when a worker is treated differently from others because of his or her gender.
  • Sexual Harassment/Quid Pro Quo: unlawful misconduct related to a favor or other expectation in return for something (promotion, bonuses, pay raise, etc.).
  • Sexual Harassment/Hostile Work Environment: misconduct that interrupts the work performance of an employee, creating an offensive, hostile, or intimidating work environment.

Examples of gender discrimination include but are not limited to the following: 

  • Sexist comments
  • Statements that men or women are only suited for certain roles/jobs
  • Denying women benefits for their children or spouses, when male employees receive such coverage for their family
  • Using offensive terms in reference to men or women
  • Refusing to acknowledge a gender identity
  • Being wrongfully terminated after reporting a co-worker or boss about a harassment/discrimination incident
  • Paying men and women differently for the same job/responsibilities
  • Not hiring women with the excuse that they are too busy with family obligations
  • Offensive comments about you and/or a same-sex partner

There are so many ways that gender discrimination can happen in the workplace aside from what is listed above. If you aren’t sure whether the situation calls for legal action, you may want to talk to a lawyer right away for guidance. For advice on how to take action for a recent gender/sex discrimination incident, contact a seasoned discrimination lawyer right away, such as a team member from Eric Siegel Law.