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Types of sex discrimination

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Although women have made clear they have the ability to perform with the same skill and success in every endeavor engaged in by men, the issue of sex discrimination still holds many back.

Sex discrimination, although predominantly an issue for women, can sometimes be directed towards men as well. Below, we answer many of the questions that commonly arise with respect to this issue.

Which federal law covers sex or gender discrimination? Can an employer pay me less because I'm a woman? Can I be paid less because I'm a man? Is it illegal to give different benefits to male and female employees?

Can an employer treat me differently because I can or have become pregnant? Can an employer treat me differently because I am unmarried or married? Can an employer treat me differently because I have kids or have to care for a family member?

What's the difference between sex Types of sex discrimination and sexual harassment? My company has an affirmative action plan. How can this affect me? Can my employer make me wear a dress or feminine clothing? Are height, weight, or lifting requirements legal? Is my employer required to allow me to breastfeed on the job?

What is the difference between sex discrimination and gender identity discrimination? Sex or gender discrimination is treating individuals differently in "Types of sex discrimination" employment specifically because an individual is a woman or a man.

Sexual harassment is also against...

If you have been rejected for employment, fired, or otherwise harmed in employment because of your sex or gender, then you may have suffered sex or gender discrimination. Discrimination is generally illegal regardless of whether it is based on sex, or gender, or both sex and gender.

If any of these things have happened to you on the job, you may have suffered sex or gender discrimination. Sex or gender discrimination may be accompanied by other forms of illegal discrimination as well, such as Types of sex discriminationraceor disability discrimination. Pregnancy discrimination and sexual harassment are also considered forms of sex discrimination under the law. Types of sex discrimination VII of the Civil Rights Act of is a federal law that protects individuals from discrimination based upon sex.

This law makes it illegal for an employer to discriminate against individuals in hiring, firing, and other terms and conditions of employment, such as promotions, raises, and other job opportunities because of their sex. The laws of Types of sex discrimination states also make it illegal to discriminate on the basis of sex. For "Types of sex discrimination" information, see question 19 below.

Additionally, there are specific laws protecting employees of federal contractors from sex or gender discrimination. Additionally, Executive Order protects employees of federal contractors from discrimination based on compensation inquiries, discussions, or disclosures. For more information of protections specific to employees of federal contractors see our federal contractors page. Explicit protections against compensation discrimination, sexually hostile work environments, discrimination based on pregnancy, childbirth, or related medical conditions, and discrimination against unlawful sex stereotypes, gender identity, and transgender status are made in the new rule.

This new rule further enforces Section of the Rehabilitation Act of These laws make it illegal for contractors and subcontractors doing businesses with the federal government to discriminate in employment because of race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or status as a veteran.

They are also prohibited from discriminating based on the disclosure or discussion of compensation with other employees. This rule will appear in an upcoming edition of the Federal Register. Please check back to find when the final rule has been published and when it becomes a law.

Title VII covers all private employers, state and local governments, and educational institutions that employ 15 or more individuals. These laws also cover private and public employment agencies, labor organizations, and joint labor management committees controlling apprenticeship and training.

Many states also make it illegal to discriminate on the basis of sex. For more information, please see our page on the minimum number of employees needed to file a claim under your state law. The law's protections apply to both current workers and job applicants. If you are a current employee and are fired, not promoted, or not accommodated due to your sex or gender, you are protected.

If you are not hired due to your sex or gender, you are also protected. The laws against discrimination in compensation cover all forms of compensation, including salary, overtime pay, bonuses, stock options, profit sharing and bonus plans, life insurance, vacation and holiday pay, cleaning or gasoline allowances, hotel accommodations, reimbursement for travel expenses, and benefits.

The EPA requires that men and women be given equal pay for equal work in the same establishment. The jobs need not be identical, but they must be substantially equal. It is the content of the job, not job titles, that determines whether jobs are substantially equal. Unlike the EPA, Title VII does not require that the job of the person claiming discrimination be substantially equal to that Types of sex discrimination a higher paid person of the other sex, nor does Title VII require the person claiming discrimination to work in the same establishment as the higher paid person.

Under the EPA, employers are prohibited from paying unequal wages to men and women who perform jobs that require substantially equal skill, effort and responsibility, and that are performed under similar working conditions within the same establishment.

The law defines these terms as follows:. As discussed above, even though differences between the sexes may result in different benefit costs to an employer, it is against the law for an employer to discriminate between men and women with regard to benefits. It is also against the law for an employer to have a pension or retirement plan which establishes different optional or compulsory retirement ages based on sex, or which differentiates in benefits on the basis of sex.

Pregnancy discrimination, defined as discrimination on the basis of pregnancy, childbirth, and related conditions, is illegal under Title VII. Under the law, pregnancy is considered a temporary disability, as are related medical conditions such as severe morning sickness, doctor-ordered bed rest, childbirth, recovery from childbirth, and any other related medical condition.

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Title VII prohibits employers from treating pregnant women differently from other temporarily sick, injured or disabled employees. Employers must therefore give pregnant employees and temporarily physically disabled new mothers the same treatment and benefits that they give to employees with other temporary disabilities. Marital status discrimination is not prohibited by the federal laws generally applicable to private employment, which prohibit discrimination based on race and colorsex, religionnational originage and disability.

However, several states have laws making it illegal to discriminate on the basis of marital status. It is illegal for your employer to make assumptions based on gender stereotypes, even if those assumptions are motivated in part by your marital status. For more information, see our page on family responsibilities discrimination. Parental status discrimination is not prohibited by the federal laws generally applicable to private employment, which prohibit discrimination based on race and colorsex, religionnational originage and disability.

However, several states have laws making it illegal to discriminate on the basis of parental status. It is Types of sex discrimination for your employer to make assumptions based on gender stereotypes, even if those assumptions are motivated in part by your parental status. For more information, see our page on family leave. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature are all types of sexual harassment when submission to or rejection Types of sex discrimination this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with Types of sex discrimination individual's work performance or creates an intimidating, hostile or offensive work environment.

For more information, see our page on sexual harassment. As noted throughout this page, there are other forms of discrimination on the basis of sex that are not sexual harassment, such as discrimination in hiring, firing, promotions or benefits, pay discrimination, and gender stereotyping. In addition, it is possible to have illegal, sex-based harassment that is not of a sexual nature, sometimes Types of sex discrimination gender-based harassment.

Only in very limited situations. The BFOQ exception as to sex has been interpreted very narrowly.

As an employer, you should...

Therefore, in the following situations, the BFOQ concept will not apply:. Affirmative action goals and timetables are targets for equality, parity and a level playing field. Like goals for profits or productivity, they mark and measure progress, but do not carry legal penalties. Quotas are illegal unless court-ordered to rectify discrimination. Your company's affirmative action plan may be voluntary or may be required by law, if your company has contracts with federal, state or local governments.

The only Supreme Court case dealing with affirmative action for women recognized that evaluations that were supposedly merit-based may still reflect biases. The justices upheld an affirmative action plan that promoted a woman over a man with slightly higher score.

Under the law as written in Executive Orders and interpreted by the courts, anyone benefiting from affirmative action must have relevant and valid job or educational qualifications. If you are a woman at a Types of sex discrimination with an affirmative action plan, the plan may help eliminate some of the barriers to advancement women have historically faced and may have actually faced working for your employer.

You may wish to consult with your company's human resource department or your personnel handbook to learn more about how the plan may benefit you and other female employees. In an important U. Supreme Court case known as Price Waterhousethe Court ruled that discrimination based on gender stereotyping is illegal sex discrimination under Title VII.

Many employers "Types of sex discrimination" dress codes or otherwise expect their employees to dress according to the customs of the profession. Nothing in the Price Waterhouse case prevents an employer from asking that both male and female employees dress professionally.

However, California has passed a specific law making it illegal for employers to prevent an employee from wearing pants because of sex. The general principle is that the requirements must be necessary for the safe and efficient performance of job-related tasks, because such requirements tend Types of sex discrimination disproportionately disadvantage women and members of some racial and ethnic groups.

Statistics show that minimum height requirements adversely affect women, as well as members of some racial and ethnic groups, because those groups on average are shorter than men or members of other races or national origins. An employer therefore must show that the requirement is necessary for the safe and efficient performance of job-related tasks in order to justify a minimum height requirement.

It is against the law...

If there is a less restrictive way to accomplish the same goal other than a minimum height requirement, employers will be required to use that alternative to avoid liability for discrimination. For example, if a restaurant had a minimum height requirement for servers, presuming that shorter people generally cannot carry the required weight on a tray, a less restrictive alternative could be the requirement that all servers must be able to carry a set of minimum amount of weight on a tray.

Of course, even if a restaurant or any other business implemented a minimum strength or lifting requirement, that requirement also must not have a significant adverse affect on a protected class of people unless required for the safe and efficient performance of job-related tasks. Weight requirements may be considered discriminatory because they often have an adverse impact on certain classes of people.

In addition to problems with discrimination on the basis of sex or national originweight requirements also may constitute discrimination on the basis of disability. While weight-based disability claims have generally failed under the federal anti-discrimination law, the Americans with Disabilities Act, they have occasionally succeeded under the laws under certain states which either define disability differently or specifically make it illegal to discriminate on the basis of weight or personal appearance.

It Types of sex discrimination also difficult to justify weight requirements as job-related if the purpose for the requirement is based primarily on physical appearance rather than the ability to perform a specific job-related task.

Since an increasing number of new mothers return to work shortly or within three months after giving birth, breast-feeding has become a more common workplace issue. Employers now encounter such practical and legal issues as providing nursing women with an appropriate place to pump and store breast milk while at work; granting personal leave, modified schedules, Types of sex discrimination altered job duties to employees who breast-feed; and dealing with the social acceptability of breast-feeding or expressing milk within the workplace.

Federal law does not directly address the legality of breast-feeding on the job or explicitly protect nursing mothers. Some states, however, have passed laws either to make it illegal to discriminate against women who breast feed, or to specifically require that employers accommodate nursing mothers at work by providing adequate facilities for breast-feeding or expressing milk.

Discrimination is treating, or proposing to treat, someone unfavourably because of a Other types of unfavourable treatment related to a Types of sex discrimination sex are. BRIEFING NOTE Types of sex discrimination – DIFFERENT TYPES OF SEX DISCRIMINATION. Legal Duty. Under the Equality Act the University has a legal duty to. Sex Discrimination (PDF)Sex Discrimination (Word)[[{"fid":"" All types of employers and employment relationships are covered under the SDA, including: .

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