Gender Discrimination Law Key Terms

Protect your company from gender discrimination lawsuits

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.

 

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

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