Gender Discrimination in the Workplace

Protection against gender-based discrimination extends to all aspects of employment, including hiring, firing, pay, pensions, conditions of employment, and promotions. The law specifically mandates that each sex receive equal pay for equal work, which is defined as work requiring substantially the same skill, effort, or degree of responsibility.

Title VII's broad provisions against sex discrimination specifically covers:

• Sexual Harassment - This includes practices ranging from direct requests for sexual favors to workplace conditions that create a hostile environment for persons of either gender, including same sex harassment. (The "hostile environment" standard also applies to harassment on the bases of race, color, national origin, religion, age, and disability.)
• Pregnancy-Based Discrimination - Pregnancy, childbirth, and related medical conditions must be treated in the same way as other temporary illnesses or conditions.
• Equal pay for equal work
• Equal treatment at the work place
• Uniform policies for both female and male employee
• Standard procedure for females and males in all phases of the employment relationship

It is discriminatory practice when:

• Job advertisements deny women a chance to apply for a job
• The employer refuses to hire women who have children, while hiring men with children
• Female employees are asked to resign when they get married, but there is no similar requirement for males
• The employer extends benefit plans to the male employee's spouse, but refuses to extend the same or similar benefits to spouses of female employees
• Qualified female employees are denied certain jobs without a reasonable opportunity to demonstrate their ability to perform those jobs, which are labeled as men’s domains
• The employer refuses to hire, train, assign jobs, or promote pregnant or married women, or women of childbearing age, on the basis of gender
• The employer makes a separate policy of compulsory retirement for female employees, with a lower retirement age than for male employees

Gender Discrimination - also called sex discrimination—is covered by Title VII of the Civil Rights Act of 1964, as well as by the revised Civil Rights Act of 1991. The Equal Pay Act of 1963 also makes it illegal to discriminate against women concerning salary or wages.

The Civil Rights Act of 1991

The Act prohibits discrimination in all aspects of the employment process, including compensation, assignment, demotions, transfers, promotions, wages, working conditions, recruitment, testing, use of company facilities, training programs, fringe benefits, retirement plans, disability leave, hiring, and discharge. Retaliation and on-the-job harassment are also prohibited.

Equal Pay Act

The law specifically mandates that each sex receive equal pay for equal work, which is defined as work requiring substantially the same skill, effort, or degree of responsibility. Fringe benefits are considered pay under the Act; the employer must provide equal benefits to men and women, even if there is difference in the cost of providing them.