You don't have to be a human resource professional to research laws on gender discrimination. Any business owner or supervisor should be familiar with federal and state laws banning discrimination on the basis of sex, whether that discrimination occurs during the hiring, training, promotion or termination process. Penalties for violating these laws can be steep and have the potential to tarnish a corporation's otherwise commendable reputation.

Some corporations are engaging the services of legal professionals to review their existing employee management policies so that those policies clearly do not practice any kind of gender discrimination in business. Here are some suggestions for undertaking a gender discrimination law education and training program:

1. Find the applicable statutes that relate to gender discrimination law.

2. Enhance your understanding of gender discrimination laws by reading articles in professional journals.

3. Stay on top of information on gender discrimination laws when you access timely blogs where professionals share their experiences in everyday terms.

Action Steps
The best contacts and resources to help you get it done

Use federal and state resources for gender discrimination laws education

Comprehensive training on gender discrimination must begin with the statutory sources of those regulations. You'll need to know the enforcement powers of federal commissions and agencies in addition to how these organizations implement the laws in their hiring and employee management practices.

I recommend: The US Code is a source for federal laws prohibiting gender discrimination in the hiring of federal employees. There are also state laws protecting against discrimination based on sex. State of New Jersey Office of the Attorney General offers a clear explanation of laws against discrimination and how the Family Leave Act fits within those provisions. The Alaska Legal Resource Center identifies the various chapters of the statutes that prohibit discrimination based on race or sex in public education.

Educate yourself with online sources presenting new research on gender discrimination topics

Invigorate your staff's educational opportunities by allowing them to learn how legal professionals interpret the statutes. Online commentaries help non-legal professionals understand the key terms and fundamental provisions these the laws are based upon.

I recommend: Employee Issues gives you a nutshell overview of the topic and explains it all in layman's terms. Access informative articles on the Human Rights Law Review, which analyze gender discrimination laws and provide insightful discussions. Expert Law identifies the proofs that a citizen alleging gender discrimination must offer in order to prevail in a court of law.

Read educational information from gender discrimination lawyers

Add immediacy to your staff's educational program on gender discrimination law by allowing them to access various media sources. Newspapers, educational journals and online blogs provide timely reports on developments in this area of the law while at the same time reporting on real life cases that involve employment laws against gender discrimination.

I recommend: Find out whether company dress codes can become material issues in gender discrimination cases by checking out the discussion at The Delaware Employment Law Blog. Education Week reports on Supreme Court cases that interpret sex discrimination in public schools.

Allow employees to participate in webinars and seminars on gender discrimination laws

Finish off your educational program on gender discrimination with timely events like seminars.

I recommend: The Miller Law Group hosts web seminars on how to spot discrimination in the workplace. Lorman Education Services hosts a live event dedicated to the most frequently asked payroll questions that can teach you how to avoid pregnancy discrimination in your company's payroll policies.

Tips & Tactics

Helpful advice for making the most of this Guide

• •  As you undertake a gender discrimination law education and training course, remember that some employees have won cases against their employers on the grounds that the company's human resource policy did not provide adequate disciplinary actions against employees who violated those policies.

Employment laws against gender discrimination prohibit treating employees differently because they are either male or female; for instance, refusing to hire a male nurse because that's a traditionally female role, or paying a female stockbroker less than her male counterparts are both examples of gender discrimination.

Gender discrimination in business violates Title VII of the Civil Rights Act of 1964, and can lead to lawsuits or other charges. Examples of gender discrimination include:

1. Demoting a woman because she's had a baby and cannot work as many hours, though male employees are allowed to cut their hours without punishment.
2. Paying one sex less than coworkers of the opposite sex, even though their qualifications and work experience are similar.
3. Denying a promotion or a job because the applicant is a woman, and the employer is afraid she'll become pregnant and leave the company.
   

Action Steps
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Know the laws on gender discrimination

Several laws prohibit gender discrimination in business, including Title VII of the Civil Rights Act of 1964, which makes it illegal to fire or refuse employment to someone based on their gender, or to pay them less or refuse them promotions or raises simply because they're either male or female. In addition, the Equal Pay Act of 1963 requires that men and women be compensated equally for equal work. The Pregnancy Discrimination Act, passed in 1978, treats pregnancy as a temporary disability just like an illness or injury, and affords pregnant women the same protection as other temporarily disabled employees. A woman cannot be treated differently simply because she is pregnant.

I recommend: The U.S. Equal Employment Opportunity Commission website includes a section explaining sexual discrimination and the laws related to it, including the text of Title VII of the Civil Rights Act of 1964.

Make sure your employees understand gender discrimination in business

Provide your entire staff with information on sexual discrimination laws, either through training and workshops, or with reading material they can study on their own time. Gender discrimination occurs at all levels of an organization, and can come from non-employees like clients, customers and even delivery people. Every employee, from upper management to the mailroom, should understand and follow the same procedures in order to prevent gender discrimination.

I recommend: HR Classroom offers online discrimination and harassment prevention training for employees and supervisors, in English and Spanish, and offers a free evaluation account. TrainingTime offers discrimination prevention training materials and guides.

Find assistance from agencies that specialize in gender discrimination law

There are local and federal agencies that investigate and enforce gender discrimination laws. These agencies provide gender discrimination law information, on how to file a gender discrimination claim, and what businesses should do if a gender discrimination claim is filed against them.

I recommend: The U.S. Equal Employment Opportunity Commission website includes contact info for its field offices. OWL: The Voice of Midlife and Older Women, an agency that advocates equal rights for women, has 19 state chapters.

Seek advice on gender discrimination laws from a gender discrimination attorney

Gender discrimination is still being defined, both by Congress and by the court system. Sometimes the best option is to find gender discrimination attorneys who specializes in gender discrimination law. A gender discrimination attorney can help you with your company's equal rights policies or help you comply with gender discrimination laws. If your company has had a gender discrimination case filed against it, hiring an attorney is a must.

I recommend: You can search for gender discrimination lawyers by location, specialty and other criteria at the American Bar Association website. Ronald E. Gregson, Francesca Brooks and Schneider Wallace Cottrell Brayton Konecky LLP are gender discrimination lawyers who work on behalf of employees who have suffered from gender discrimination.

Tips & Tactics

Helpful advice for making the most of this Guide

• •  Gender discrimination includes more than just discrimination against women in business; men are victims as well. Make your gender discrimination policies and education inclusive, and set up formal reporting procedures so neither gender feels embarrassed or afraid to report discrimination.

Gender discrimination law covers a wide range of situations. Most of these laws are based on the Civil Rights Act of 1964 Title VII and its addendum. Sexual harassment, wage gaps and exigency leave are all covered under gender-based discrimination laws.

While some businesses may never come across any gender discrimination complaints, knowing the key terms associated with these laws is vital to ensure that your business stays away from trouble.

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Civil Rights Act of 1964 Title VII

The Civil Rights Act of 1964 Title VII is applicable only to businesses that employ more than 15 people. It states that employers must prevent gender preference for employees, as well as for job applicants.

I recommend: Princeton offers an in-depth explanation of this act and how it affects businesses. It also provides information on the process that is followed when a complaint is filed with the Equal Employment Opportunity Commission.

Wage gap

Wage gap is the difference in pay between genders for the same job. The Equal Pay Act and the Civil Rights Act of 1964 Title VII were meant to eliminate this difference by making it illegal. However, wage gap is still a common occurrence.

I recommend: The American Federation of State, County and Municipal Employees offers information on how to define wage gap. This website also offers in-depth information about how wage gap affects employers, employees and governments over time.

Sexual harassment

One of the main forms of gender discrimination is sexual harassment. This occurs when an employee or customer makes or receives unwanted sexual advances. However, in some cases, sexual harassment can be claimed only if the person clearly states that the advances are unwanted. Sexual harassment claims can be made by anyone who is offended by the actions of the harasser.

I recommend: The Equal Employment Opportunity Commission offers an in-depth look into sexual harassment.

Exigency leave

Exigency leave is covered by the Family Medical Leave Act. Exigency leave occurs when an employee must take off work to care for a dependant of someone who is in the armed forces and on a qualifying deployment. Employees covered under the exigency leave clause must be granted leave regardless of gender. Employers who fail to do so may face a gender-bias lawsuit.

I recommend: The Federal FMLA Blog and Fredrikson & Byron P.A. offer information to help you define the situations in which a exigency leave must be granted.

Retaliation

Retaliation occurs when an employer does things to get back at an employee or former employee who files a discrimination-based complaint. These actions can be unnecessary transfers, wage freezes or reduction, termination or unfair performance reviews.

I recommend: For a breakdown of recent rulings on retaliation in discrimination cases, see the Bergstein & Ullrich legal blog.

Mediation

Mediation is a process that enables the complainant and the employer to try to come to a mutually agreeable settlement for the complaint. Employers should consider participating in mediation even if they feel the complaints aren't valid, as mediation is oftentimes less costly than going to court. However, mediation is only possible if both parties are willing to participate.

I recommend: Delaware Department of Labor offers an in-depth look at the mediation process. This website includes the benefits and considerations of mediation.

Gender discrimination law for beginners starts with understanding the many forms it can take in the workplace. Gender discrimination goes beyond pay inequity. More subtle forms include being ignored when making suggestions, not being considered for promotions because of child care concerns and being monitored more closely than men, just to name a few.

Title VII of the Civil Rights Act of 1964 was the first law enacted to address discrimination. It clearly prohibits employment discrimination based on sex and provides for the recovery of compensatory and punitive damages in cases of willful violation. Laws on gender discrimination are meant to solve past problems but it is essential for organizations to put in place processes and programs to prevent discrimination, including such things as education and training for managers and clear and concise policies and procedures. Consider doing additional research to:

1. Learn what steps you can take to prevent gender discrimination in business.

2. Find a gender discrimination lawyer who can help you investigate charges.

3. Discover what programs you can put in place to prevent discrimination or deal with it when it is suspected.

Action Steps
The best contacts and resources to help you get it done

Take some steps to learn how to prevent gender discrimination in your workplace

Gain knowledge of the various ways discrimination occurs and how to confront it when you find it in your workplace. If gender discrimination is suspected, there are wide varieties of things that can be done to prevent litigation.

I recommend: The Black Collegian outlines some of the many ways sex discrimination is practiced and offers advice on how to deal with it. Workplace Fairness provides a list of 20 common questions that are asked about discrimination against women in business.

Research attorneys who are knowledgeable about gender discrimination laws

Hundreds of millions of dollars are recovered each year for charging parties so these cases can be extremely costly if they are litigated. Gender discrimination lawyers tend to be trial lawyers who are familiar with gender discrimination law and will seek to prove one clear act or a pattern of conduct that results in a legal violation.

I recommend: Rob J Riley suggests you submit your case to find out if representation could be appropriate for his firm. Go to LawInfo where you can search by practice area or geographical location for a gender discrimination attorney.

Obtain information on how to prevent gender discrimination in business

Small to medium sized business owners will want to provide supervisors and employees with information on gender discrimination so that harassment and discrimination can be prevented or dealt with. Enrolling in online courses is a cost effective way to provide training to employees.

I recommend: HRClassroom offers legal compliance training for employees and managers online. Brightline Compliance offers online courses on how to prevent workplace harassment as well as investigating suspected gender discrimination.