The Equal Employment Opportunity Commission (EEOC) has received a total of 28, 372 cases of gender based discrimination and have resolved 24,018 charges in 2008 alone.
Through Gender Discrimination Attorneys, $109.3 million dollars have been recovered for aggrieved individuals-- these include victims in Los Angeles.
But what is gender discrimination? Is it different from sex discrimination?
Gender and sex, the two terms have been used interchangeably but according to social scientists, the two terms though somewhat synonymous have some difference in their context.
The term sex refers more to the biological identity of a person. He may be a male or a female.
The term gender though, refers more to the trait or characteristic that is associated to maleness or femaleness.
Some illegal discrimination acts based upon gender in the workplace can occur during the following scenarios
• Hiring/Termination/Promotion
Hiring – The law protects individuals from being discriminated upon by employers during the hiring process. Refusal to employ a person based on gender preference is illegal. This also covers women during pregnancy.
Here are some guides an employer can follow in the hiring process:
o Use non-discriminatory practices.
o Examine neutral criteria to make sure that they do not have unequal impact on women.
o Set up work diversity programs.
o Hire employees based on their true qualifications.
Termination – If a person is terminated from his/her work but people of the opposite sex/gender has kept their job despite less seniority then the employers may be committing gender discrimination.
Promotion - The concept of glass ceiling refers to the barrier that qualified women encounter and prevents them from advancing to mid and senior level positions. The company lets women only get so far then advance no further.
Here are some guidelines companies can follow in ensuring equal promotion process
o Ensure development of all employees, including women.
o Create mentoring programs to train and inform employees of advancement opportunities.
o State criteria for promotion for very job openings.
• Pay – The Equal Pay Act (EPA) protects employees who perform equal work from receiving less wages and benefits because of his/her gender. This covers all forms of compensation including salary, overtime, bonuses, stock options, insurance, vacation and holiday pays etc.
The EPA requires that both and women should receive equal payment for equal work rendered in the same establishment.
• Job Classification – A person’s gender should not be a basis for job classification. A person relegated to a lower position because he/she requested to render fewer overtime hours to spend more time with his/her family while people of the opposite sex who are in the same position are not given the same action is unlawful and illegal.
• Benefits – All employees should receive the same benefits regardless of gender/sex. An example of this is health care coverage for dependents. A company is not required to provide health insurance but if they do; it should be provided to both men and women. And if coverage will be given to a man’s wife, then coverage must be given to a woman’s husband as well.
In Los Angeles, gender discrimination attorneys can help you file a case with the Equal Employment Opportunity Commission and give you a clearer picture of your rights in the office.
If you have been a victim of
gender discrimination in the workplace, get help from our expert
Los Angeles gender discrimination attorneys. Visit our website and call us toll free for immediate legal assistance.
