What is sex or gender discrimination?
In
general, there are certain types of people or people with certain
characteristics who are protected by the law when it comes to
discrimination in the workplace. There are state and federal laws in
employment law that prohibits discrimination against particular
individuals or particular characteristics of an individual such as age,
race, religion, creed, sexual orientation, marital status, veteran
status, military status, pregnancy, sex, and gender. Depending on the
circumstances, an employee or applicant may be a victim of gender or sex discrimination
in the workplace. Although gender and sex are terms that are used
interchangeably, they are different and these differences can be
demonstrated when it comes to identifying how an employee or applicant
was discriminated against in the workplace. A Discrimination Lawyer is
the type of lawyer an employee or applicant should contact on matters
regarding sex or gender discrimination.
The basics
Although
an individual's sex or gender seem to be simple concepts, there is a
difference between the two and it is important to understand those
differences especially when it comes to discrimination.
What does a
person's "sex" mean? The sex of an individual pertains to their biology.
This means sex is the biological differences in males and females such
as hormones and genitalia. On the more scientific side, females have two
X chromosomes while males have an X and a Y. This is not a subtle
difference because the Y in the male chromosomes is what causes an
embryo to develop testes. In some cases, however, some males can have
2-3 Xs while some women can have a Y.
An
individual's gender is less scientific and based more on a society and
its social and cultural norms. The gender of an individual is based more
on what a particular society believes to be feminine and masculine and
how that society perceives what is male and what is female. More
specifically, gender is what a society has built to believe what roles a
male has and what roles a female has in their society. This is why it
is known that gender is usually described as a result of social
constructs. Gender is based more on an individual's appearance rather
than what sex the individual was assigned to when they were born.
The
basics of the differences between sex and gender is important to
understand in order to know if and when an individual was discriminated
against in the workplace. For further guidance on this area of law,
contact a Discrimination Lawyer who has handled and been successful in
discrimination cases.
As
mentioned previously, there are certain classes of people and
characteristics protected by the law. When it comes to gender or sex
specifically, an employee may be protected under the law from
discrimination. Although an employee is "protected" this merely means
that the law prohibits these employees or applicants from being
discriminated against and provides rights for those employees or
applicants to have the right to sue an employer if they are
discriminated against. The laws do not guarantee prevention of
discrimination from actually occurring. With this in mind, an employee
or applicant should know how and in what ways they may become a victim
of gender or sex discrimination.
Discrimination
can be exercised in many ways. An employee or applicant who is being
discriminated against may experience treatment from a manager or
employer that is negative and different compared to the way other
employees or applicants are treated. The negative treatment would be
considered illegal and discriminatory if it targeted the individual
based on a class or characteristic the law recognizes as protected.
Treatment that is identified as discriminatory would be if the employee
or applicant was called names, teased, singled out, or called
inappropriate nicknames. Even if a supervisor or other employees claim
the teasing was not ill-intended, it is still considered discriminatory
when it is based on the individual belonging to a protected class or
possessing a protected characteristic. Other treatment that is
considered discriminatory would be if the employee was denied employee
benefits, was passed up for any promotion opportunities, was denied
training that would lead to a promotion or even a demotion. Some
employees may even be subjected to reduced pay or reduced hours.
If
an employee or applicant was being discriminated against based on their
sex, the employee would be singled out because of their sex. For
example, George may apply for a job and during the interview, the
employer may tell George that the company does not favor male applicants
because they prefer female applicants. Another example would be if Tara
was picked on at work by her boss and was constantly subjected to his
sexist jokes about women, and he also only picked on the other female
employees but not the male employees. Those two examples may give rise
to a sex discrimination claim because it involves an applicant and an
employee being treated adversely based on their sex.
An
employee who is suffering from gender discrimination may be subjected
to adverse treatment based on their gender. More specifically, an
employee may be teased or ostracized because they do not fit within the
gender roles that their employer or coworkers follow. For example, Greg,
a male nurse, may be picked on and teased by his female supervisor
because he is not "masculine" enough to be a doctor. Here, Greg is being
singled out based on his gender and therefore may have a claim against
his employer for gender discrimination.
If an employee or applicant feels that he or she has become a victim of gender or sex discrimination, he or she should call a Discrimination Lawyer
to discuss the details of their case. Whether it is a current employee
being teased by their coworkers or an applicant who was recently denied
employment based on their perceived gender, the employee or applicant
should speak with a Discrimination Lawyer to receive further information
on whether he or she has a case against an employer or organization for
discrimination.