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Sex and Gender Discrimination Definition

Gender based harassment is harassment that would not have occurred but for the sex of the victim. Remarks such as, “You’re an overpowering woman,” “You’re a pushy broad” or “She must have PMS” may be construed as gender harassment. Women may also find themselves dealing with a glass ceiling that prevents them from moving up to management positions in corporate companies because of their gender. However, men can also be affected by sex discrimination at work.

When we evaluate a sex discrimination or gender discrimination claim, our attorneys work to answer several questions:

  • Were derogatory remarks about a woman or man routinely made and tolerated?
  • Were specific gender remarks made about you?
  • Was there evidence of gender stereotyping?

If we find the answer to be “Yes” to these and other important case factors, you may be able to secure relief under state or federal law. Federal law remedies for discrimination are based upon Title VII of the Civil Rights Act of 1964. While Title 7 applies to employers with fifteen or more employees, workers of smaller employers are usually protected by similar state anti-sex discrimination laws.

Examples of Sex and Gender Discrimination in the Workplace

Gender discrimination can occur at any stage of employment. This include the initial hiring decision, promotions, being laid off as well as getting decreased compensation, benefits or training. It may also manifest itself through sexist comments or sexual harassment at work.

It is not necessary for discriminatory conduct to be sexual in nature for it to be prohibited as sexual discrimination. Gender-based discrimination or harassment involves conduct that would not have occurred but for the gender of the victim. Comments about how employees of a particular gender are not suited for particular jobs, or a pattern of statements about employee conduct like “She probably has PMS,” may support an action for gender discrimination.

How Do You Prove Gender Discrimination?

A pattern of actually excluding people of a certain gender from positions for which they are qualified on the basis of gender may also support an action for sexual discrimination, such as:

  • Refusing to consider a man for a child care position on the basis of gender alone
  • Refusing to consider women for sales positions
  • Only hiring women for receptionist positions

Certain employer conduct raises questions about their intentions, and may be suggestive of discriminatory motives. For example, if an employer makes pre-employment inquiries about an employee’s gender, it raises the concern that the information will be used in the hiring decision. If an employer asks improper questions to a job candidate, such as “Are you married?” or “Do you intend to have children?” suggests that the employer may be considering that irrelevant information as part of a hiring decision

Where an employer makes such improper inquiries, and an analysis of their hiring patterns shows that they only hired married applicants or that they never hire women who indicate an intention to have children, the pattern may stand as evidence of discriminatory hiring practices.

I Need Legal Help for Sex and Gender Discrimination Cases

If you are a victim of discrimination in a California workplace, contact discrimination attorney at our law firm today to set up a consultation. Our discrimination and sexual harassment lawyers can provide useful information about how a number of employment laws are here to protect you from discrimination based on your gender or sex. Learn your legal rights today by calling us or submitting an online case review form.