Sex or Gender Discrimination
Sex or gender discrimination exists when a man or a woman is treated differently than other employees or applicants in the workplace, due to gender differences. The law against sex or gender discrimination covers a number of issues that employees may face in the workplace, such as sexual harassment, difficulties with equal pay, the reality that a "glass ceiling" exists in the workplace, pregnancy discrimination, and parental status or marital discrimination. The lawyers of the New York-based Law Firm of Schwartz & Perry have a great deal of experience and success in representing clients with viable sex or gender discrimination claims.
The law requires that all males and females be treated equally and be subject to the same work or office policies, practices, and standards in all phases of the employment process, including recruiting, hiring, job placement or assignment, termination or firing, promotion, advancement or work opportunity, job training, working conditions, compensation, benefits, layoffs, and other terms, conditions, or privileges of employment.
The law prohibits an employer for making decisions based on stereotypes, presumptions about work performance, personality traits, or abilities on the basis of sex or gender. Although the terms "sex" and "gender" are used often interchangeably, gender discrimination refers to discrimination based on characteristics of an individual that are culturally associated with "masculinity" or "femininity, " whereas sex discrimination refers to discrimination based on an individuals biological identity as male or female. The law forbids employers from discriminating against individuals based on sex, gender, or both.
Some examples of possible sex or gender discrimination include the following:
The law requires that all males and females be treated equally and be subject to the same work or office policies, practices, and standards in all phases of the employment process, including recruiting, hiring, job placement or assignment, termination or firing, promotion, advancement or work opportunity, job training, working conditions, compensation, benefits, layoffs, and other terms, conditions, or privileges of employment.
The law prohibits an employer for making decisions based on stereotypes, presumptions about work performance, personality traits, or abilities on the basis of sex or gender. Although the terms "sex" and "gender" are used often interchangeably, gender discrimination refers to discrimination based on characteristics of an individual that are culturally associated with "masculinity" or "femininity, " whereas sex discrimination refers to discrimination based on an individuals biological identity as male or female. The law forbids employers from discriminating against individuals based on sex, gender, or both.
Some examples of possible sex or gender discrimination include the following:
- Your employer provides benefits via male employees to respective wives, but not to husbands of female employees.
- Your employer refuses to hire you or to promote you because as a woman you are not as tough as a man or because as a man you are not considered as sensitive as a woman.
- Your employer gives you above average reviews but you are frequently passed over for promotions that are filled by less qualified and less senior individuals of the opposite sex.
- Your employer is stricter with you and other coworkers of the same sex as you they are with coworkers of the opposite sex.
- Members of the opposite sex are paid more than you and coworkers of the same sex.
- Company policies that seem neutral are actually not because they have the effect of excluding individuals on the basis of sex.
Equal Pay for Equal Work
Intentional compensation discrimination for identical work done by a member of the opposite sex is against the law. The Equal Employment Opportunity Commission’s Equal Pay Act of 1963 specifically requires employers to pay employees performing the same job equally regardless of their sex. If you determine that you are not being paid the same as someone else of the opposite sex in the same organization and that person performs, for the most part, the same job as you, with the same employer, and there is no legitimate business reason for the difference in pay, then you may have a sex discrimination claim.
The concept of equal pay includes compensation of all types, including but not limited to wages (salary or hourly), overtime pay, holiday bonuses, stock options and/or incentive restricted stock plans, per diem and/or other travel related allowances and reimbursement. Contact us online or call us to see if your complaint constitutes a viable gender or sex discrimination.
The Glass Ceiling
The "glass ceiling." The barrier separating businesswomen from reaching the same level as male executives and/or businesspeople of color unable to attain the same level within the organization as white businesspeople, for example, that prevents qualified women and minorities from advancing into top management positions. In other words, women can advance or climb up only so far on the steps of a corporation’s ladder before they hit a glass stopping point or ceiling and cannot go further. If women and those of different skin color, for example, cannot arise above a certain position, then the affected individuals are being discriminated against. If you feel that you have been discriminated against based on a "glass ceiling" at your company, you may be able to bring a claim under local, state, or federal law.
Pregnancy Discrimination
It is unlawful for an employer to discriminate against pregnant employees. Discrimination against pregnant women is considered to be sex discrimination. This same law prohibits discrimination against people in childbirth and/or related medical conditions in various terms and conditions of employment.
The law considers pregnancy to be a temporary disability. Employers must give pregnant employees the same benefits and treatment given to an employee who is temporarily disabled, a person who breaks a leg or arm, for example. The employer must hold open a job (not hire a permanent replacement) for a pregnancy-related work absence for the same length of time as compared to jobs held for an employee with a broken limb or severe back pain or similar condition resulting in the person being out on sick leave or disability leave. Severe or debilitating morning sickness, doctor-mandated bed rest, the childbirth labor process, recuperation following the birth of the child, and other related medical conditions are also covered under the law.
Pregnancy discrimination can be present in a number of situations, including but not limited to the following:
Intentional compensation discrimination for identical work done by a member of the opposite sex is against the law. The Equal Employment Opportunity Commission’s Equal Pay Act of 1963 specifically requires employers to pay employees performing the same job equally regardless of their sex. If you determine that you are not being paid the same as someone else of the opposite sex in the same organization and that person performs, for the most part, the same job as you, with the same employer, and there is no legitimate business reason for the difference in pay, then you may have a sex discrimination claim.
The concept of equal pay includes compensation of all types, including but not limited to wages (salary or hourly), overtime pay, holiday bonuses, stock options and/or incentive restricted stock plans, per diem and/or other travel related allowances and reimbursement. Contact us online or call us to see if your complaint constitutes a viable gender or sex discrimination.
The Glass Ceiling
The "glass ceiling." The barrier separating businesswomen from reaching the same level as male executives and/or businesspeople of color unable to attain the same level within the organization as white businesspeople, for example, that prevents qualified women and minorities from advancing into top management positions. In other words, women can advance or climb up only so far on the steps of a corporation’s ladder before they hit a glass stopping point or ceiling and cannot go further. If women and those of different skin color, for example, cannot arise above a certain position, then the affected individuals are being discriminated against. If you feel that you have been discriminated against based on a "glass ceiling" at your company, you may be able to bring a claim under local, state, or federal law.
Pregnancy Discrimination
It is unlawful for an employer to discriminate against pregnant employees. Discrimination against pregnant women is considered to be sex discrimination. This same law prohibits discrimination against people in childbirth and/or related medical conditions in various terms and conditions of employment.
The law considers pregnancy to be a temporary disability. Employers must give pregnant employees the same benefits and treatment given to an employee who is temporarily disabled, a person who breaks a leg or arm, for example. The employer must hold open a job (not hire a permanent replacement) for a pregnancy-related work absence for the same length of time as compared to jobs held for an employee with a broken limb or severe back pain or similar condition resulting in the person being out on sick leave or disability leave. Severe or debilitating morning sickness, doctor-mandated bed rest, the childbirth labor process, recuperation following the birth of the child, and other related medical conditions are also covered under the law.
Pregnancy discrimination can be present in a number of situations, including but not limited to the following:
- The company will not hire a pregnant woman, even though she is a highly qualified, or the company tells a pregnant woman to apply for a position when she is no longer pregnant.
- A pregnant woman is fired or demoted or supervisors assigned the work normally done by her to other people upon learning that she was pregnant, although she was still capable of performing her duties.
- A woman is not allowed to return to the pre-pregnancy job or similar position after the pregnancy and leave.
- The employer, in some meaningful way, treats a pregnant woman differently than other temporarily disabled employees of the same employer are treated.
- You are disciplined for taking time off of work for going to a prenatal medical appointment, when other workers who miss work for their own ongoing medical issues are not disciplined.
If you feel you may be the victim of sex or gender discrimination, we urge you to contact the New York-based Firm of Schwartz & Perry. Contact us online or by phone at 212-889-6565 for a FREE consultation.
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