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Guide to Gender Discrimination Law
Create a more inclusive workplace by following gender discrimination lawsGender 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:
- 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.
- Paying one sex less than coworkers of the opposite sex, even though their qualifications and work experience are similar.
- 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
The best contacts and resources to help you get it done
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.
Seek help from agencies that enforce gender discrimination law
Both local and federal agencies investigate and enforce the laws on gender discrimination. These agencies can provide information on gender discrimination law, on how to file a claim, and on what an employer needs to 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. Workplace Fairness lists state and federal agencies that enforce gender discrimination laws.
Seek advice from a gender discrimination attorney
Gender discrimination law is a relatively new field, and it's constantly evolving. Just what constitutes gender discrimination is still being defined, both by Congress and by the court system. Whether you're creating your company's gender discrimination policies, or handling potential gender discrimination cases at your organization, a gender discrimination lawyer can help you comply with gender discrimination laws.
I recommend:
You can search for gender discrimination attorneys by geographic location at FindLaw, and you can search for attorneys by location, specialty and other criteria at the American Bar Association website.
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.








