Guide to Gender Discrimination Law

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
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.

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.

The official source of Gender Discrimination Law is
the Gender Discrimination Law page at Business.com