Workplace discrimination based on gender refers to the unfair treatment of employees or job applicants due to their sex, gender identity, or sexual orientation. It is important to note that laws against discrimination at work often use the terms “sex” and “gender” interchangeably, even though they have different meanings .
Under Title VII of the Civil Rights Act in the United States, it is illegal for an employer to treat an employee or job applicant differently or less favorably because of their sex . This includes discrimination based on gender identity or sexual orientation The law covers various aspects of employment, such as hiring, firing, pay, job assignments, promotions, layoff, training, and fringe benefits .
Discrimination based on gender can take many forms, and it may intersect with other factors such as race or ethnicity. For example, a woman of color may experience discrimination differently from a white female co-worker due to the combination of her gender and race .
Legal Protections Against Workplace Discrimination Based on Gender
In the United States, Title VII of the Civil Rights Act provides legal protections against workplace discrimination based on sex, including gender identity and sexual orientation This federal law applies nationwide and protects employees from discrimination in various employment-related situations.
Additionally, some states have enacted their own laws to provide further protections against workplace discrimination based on gender. For example, the New York City Human Rights Law explicitly prohibits discrimination based on gender identity and expands the scope of gender-based protections .
It is important to note that the legal landscape regarding workplace discrimination based on gender may vary depending on the jurisdiction. Some states explicitly interpret existing laws prohibiting sex discrimination to include sexual orientation and/or gender identity, while others may not have specific protections in place .
Enforcement and Policies
To enforce protections against workplace discrimination based on gender, various government agencies play a role. The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that prohibit employment discrimination, including discrimination based on sex The EEOC investigates complaints, provides guidance, and takes legal action when necessary.
Furthermore, the Department of Labor (DOL) has policies in place that prohibit discrimination based on transgender status, gender identity, or gender expression. These policies aim to ensure fair treatment and equal opportunity for all employees and applicants for employment .