WORK PLACE GENDER

DISCRIMINATION

BODY/DISCUSSION

Workplace gender discrimination comes in many different forms, but generally it means that an
employee or a job applicant is treated differently or less favorably because of their sex, gender identity,
or sexual orientation. Even though the words “sex” and “gender” have different meanings, laws against
discrimination at work often use them interchangeably.

Sometimes workers experience discrimination because of their gender and something else, like their
race or ethnicity. For example, a woman of color may experience discrimination in the workplace
differently from a white female co-worker. She may be harassed, paid less, evaluated more harshly, or
passed over for promotion because of the combination of her gender and her race.

Some examples of treatment that could be gender discrimination include:

Not being hired, or being given a lower-paying position because of your gender identity or sexual
orientation (for example, when an employer refuses to hire women, or only hires women for certain
jobs)

Being held to different or higher standards, or being evaluated more harshly, because of your gender
identity, or because you don’t act or present yourself in a way that conforms to traditional ideas of
femininity or masculinity

For example, if a worker who identifies as a woman receives a negative performance evaluation that
criticizes her for being too “aggressive” (while men who behave the same way are praised for showing
“leadership”), or if she wears her hair short and is told she needs to be more “presentable,” she may be
experiencing discrimination based on gender stereotypes, which is a form of gender discrimination.

Being paid less than a person of a different gender or sexual orientation who is similarly or less qualified
than you, or who has similar (or fewer) job duties than you

If you think you are being paid less than someone of a different gender identity to do the same job or
substantially similar work, check out our Equal Pay Know Your Rights Guide.
Being denied a promotion, pay raise, or training opportunity that is given to people of another gender
identity or sexual orientation who are equally or less qualified or eligible as you

Being written up or disciplined for something that other employees of a different gender do all the time
but never get punished for

Being insulted, called derogatory names or slurs because of your gender identity, or hearing hostile
remarks about people of a certain gender identity or sexual orientation.

Being intentionally or repeatedly called by a name or referred to as a different gender that you don’t
identify with – such as when a transgender man is called by his dead name, or referred to as “Miss”

Being subject to unwelcome sexual advances, requests for sexual favors, or other verbal or physical
harassment of a sexual nature (If you think you’ve experienced sexual or gender-based harassment,
please see our Sexual Harassment Know Your Rights Guide.)

Being rejected for a job, forced out on leave, or given fewer assignments because you’re pregnant

Not all gender discrimination is intentional or explicit. It could still count as discrimination if your
employer does something that ends up excluding or harming workers of a particular gender identity
without intending to. Oftentimes, a certain practice or policy — say, a hiring test or requirement — does
not say anything about gender, and may not have been put in place for the purpose of keeping women,
trans, or nonbinary people out of certain jobs, but ends up having that effect. This kind of practice or
policy could still be considered discriminatory, and if you’ve been denied a job-related opportunity, paid
less, or were fired as a result of it, you might have a discrimination claim.

For workplace gender discrimination to be considered illegal, it has to involve treatment that negatively
affects the “terms or conditions” of your employment. Terms or conditions of employment are all the
responsibilities, rules, and benefits of a job. Most of the time, they are set by an employer or negotiated
by a worker and the employer at the time of hire. In unionized workplaces, they are negotiated and
agreed on as part of the “collective bargaining” process. “Terms and conditions” include but are not
limited to things like your job responsibilities, work hours, dress code, vacation and sick days, starting
salary, and performance evaluation standards.

What are the laws?

Federal law (all states)

Generally, these federal laws apply only to employers with 15 or more employees, but your state might
have better laws that cover smaller employers.

 Gender discrimination is illegal. Title VII of the Civil Rights Act of 1964 makes it illegal for an
employer to discriminate against you based on your sex, race, color, religion, or national origin.
 As of June 2020, a Supreme Court ruling extended this protection to also cover gender identity
and sexual orientation. It’s important for me to be an advocate for my son, to be an advocate
for myself, to be able to stand up for the both of us. I think it’s important for women to know
they have a voice that needs to be heard.
 Candice Branner, ERA essential worker client

What are my rights?

You have the right to:

1. Work in a safe, discrimination-free environment. Your employer is required by law to provide a

safe working environment that is not “hostile” to you based on your sex, gender identity, or
sexual orientation.

2. Talk about or speak out against gender discrimination at work, whether it’s happening to you or
to someone else. You can talk about discrimination that’s happening at work with whoever you
want, including your coworkers and your supervisor. You also have the right to tell your
employer that you believe a company policy, practice, or manager is discriminatory or engaging
in discrimination. It is illegal for your employer to retaliate against or punish you for talking with
coworkers about discrimination. Retaliation includes being fired, demoted, cutting your pay,
switching your shifts or duties, or any other action that has a negative effect on you. If your
employer retaliates, you could consider taking legal action.

3. Report the discriminatory behavior or policy to HR or your boss. Report to HR, your boss, or
someone else at your company who has power. We highly recommend submitting the complaint
or report in writing (by e-mail or letter) and making copies so you have proof later if you need it.

4. File a grievance. If you are a member of a union, your contract (known as the “collective
bargaining agreement” or CBA) generally covers the “terms and conditions” of work. If you
believe you’re being treated unfairly or your employer isn’t following the contract, talk to your
union rep about filing a grievance.

5. Picket or protest against discrimination. When you get together with one or more of your co-
workers to raise concerns about your pay or working conditions, you’re engaging in what’s
“concerted activity,” which is legally protected by the National Labor Relations Act.
 6. Make a copy of your personnel file. You can request to see your personnel file, which could
contain performance evaluations, your employment and pay history, and other useful
information that could be used as evidence if you decide to take legal action. Your HR
department or union representative should have information about how to get your personnel
file for review.

7. File a complaint or charge of discrimination with a government agency, such as the Equal
Employment Opportunity Commission (EEOC), or your state’s Fair Employment Practices Agency
— for example, in California, the Department of Fair Employment and Housing (DFEH). You also
have the right to tell your employer that you plan to file a charge, and they cannot retaliate
against you for doing so.

Note: There are strict deadlines when filing charges with government agencies, called “statutes of
limitations.” The deadline to file one with the EEOC is either 180 or 300 days from the “last act” of
discrimination, depending on which state you’re in. For more information, see the What Can I Do?
Section below.)

8. Sue / file a lawsuit against your employer for discrimination.

Note: This is only an option if you already filed a charge with the EEOC or your state’s FEPA (see #7
above), and they gave you a “Right-to-Sue” Notice. Be aware that there are strict deadlines about how
many days you have after you receive that Notice to file a lawsuit in court.

For more information on when you can sue, visit the EEOC’s website.

9. Testify as a witness or participate in an investigation by the EEOC or other government agency.

Your employer can’t keep you from providing evidence, testifying at a hearing, or
communicating with a government agency that is looking into discrimination at your workplace.
Even if the investigation eventually finds that there was no discrimination, your participation is
still a protected right, meaning your employer can’t retaliate against you for cooperating.

If you are fired or retaliated against/punished for doing any of the above, it is illegal, and you could take
legal action against your employer or former employer. Retaliation includes being demoted, cutting your
pay, switching your shifts or duties, or any other action that has a negative effect on you.

What can I do?

If you or someone you know is experiencing or experienced gender discrimination at work, here are
some actions you can take. Note: It is normal to be worried about reporting discrimination or taking
other action to make the discrimination stop. Do what is right for you. These are just examples of
options you could consider.

1. Review your employers’ policies. Most employers give you an Employment Manual or
Handbook when you start. Review this to find out what policies might be in place to protect you.
Look for policies about discrimination. Find out what your company’s complaint procedure is,
and pay close attention to deadlines. If there is no information about how to report or complain
about discrimination, see if there is a phone number for HR (Human Resources).
2. Write everything down.

Write down in detail what happened and when it occurred, including anything you said or did, and any
witnesses or people that may have been involved in the decisions, policies, or incidents. Include every
example of discrimination you can remember. As new things happen, write them down to avoid
forgetting details.

Keep notes about conversations or meetings you had related to the discrimination, including with HR,
your supervisor, or the person making the discriminatory decisions or comments. Record the time, date,
and place of the meeting, and who was there. If you’re comfortable doing so, ask any witnesses to write
down what they heard or saw. Keep these written accounts at home, on a personal email account, or in
another safe place not related to your work.

Tip: Others may read these written records at some point if you pursue legal action, so try to stay as
objective as possible when writing down what happened.

If there are any relevant emails or messages, save and gather them in one place, at home, on a personal
email account, or in another safe place not related to your work. Save all emails and messages you send
to the person doing the discriminating, and those that you send to others about the discrimination.

Keep copies of any complaints you filed with your company, and any responses.

Keep copies of any other documents related to the discrimination, and any responses.

If you think your employer has retaliated against you, keep written notes of every action that has
happened, when, where, and any witnesses.

3. Report concerns or complaints about discrimination to Human Resources (HR) or your boss.
This is also known as filing an internal complaint. We understand it’s not always possible to feel
safe or comfortable at work after talking to your supervisor or coworkers about discrimination
you’re experiencing. But we recommend reporting to someone at work who is in a position of
authority to either stop the discriminatory behavior or change the practice that is affecting you.

We recommend putting your complaint or concerns in writing, whether it’s by email or letter. Be sure to
keep copies of what you write — and any written responses you get back from your employer — in a
safe place outside of work, at home or on a personal email account.
If you report verbally (in person or on the phone), we recommend taking notes about the conversation
and then sending a follow-up email or letter confirming what happened during the conversation. For
example:

Dear [name of Supervisor or Human Resources Staff],

I’m writing to confirm that we met today, [date], to discuss the fact that I am being treated unfairly and
believe that I’m experiencing gender discrimination at work because of [the way you’re being treated or
an employer policy that’s negatively affecting you]. As we discussed, the [unfair treatment/
discriminatory behavior] has included [description of what’s been happening], and [began / has been
affecting me since] [date]. You told me [description of employer’s response, including any promises or
commitments made]. Thank you for taking the time to meet with me about this issue. [Your name]”

Note: Filing a complaint internally does not extend the deadline for filing a legal action if you decide to
do so later.

4. Go to your union. If you have a union, you could talk to your union rep and ask about the
grievance process under your collective bargaining agreement. If that agreement covers
discrimination issues, you may be able to get the problem addressed that way.

Important: Even if you file a grievance through your union about discrimination, you still must file a
complaint with a government agency before you file a lawsuit in federal or state court Please see
number 10 for more about deadlines.

5. File a discrimination complaint with a government agency. If you think you may eventually want
to file a lawsuit in federal or state court, you must first file a formal complaint of discrimination
with the federal Equal Employment Opportunity Commission (EEOC), or with your state’s fair
employment agency. (Learn more about filing a complaint in California.)

6. Pay attention to deadlines. In every state, you have to file a complaint with either the EEOC or a
state administrative agency that enforces anti-discrimination laws (often called a “Fair
Employment Practices Agency” or FEPA) and get a Right to Sue notice before you file a lawsuit in
court. The deadlines for filing a discrimination complaint under Title VII depend on which state
you’re in.

In states that don’t have a FEPA, you only have 180 days – less than 6 months – from the last act of
discrimination to file a complaint (called a “charge”) of discrimination with the U.S. Equal Employment
Opportunity Commission (EEOC).

In states that do have their own FEPA, you have 300 days from the last act of discrimination to file a
charge of discrimination with the EEOC.
If you’re in one of these states, you may have more time to file a discrimination complaint with your
state FEPA. To find out whether you have a FEPA in your state, go to the website of the EEOC field office
nearest you.

Remember: You cannot bring a lawsuit against your employer unless you have first filed a complaint of
discrimination with the EEOC or your state fair employment agency. Internal complaints that you make
to your employer or with your union also do not extend the deadlines to file with a government agency.

7. Talk to a lawyer. If you’d like to speak to a legal advocate about your rights and options, Equal
Rights Advocates may be able to help. We offer 100% free, confidential legal information,
advice, and other assistance through our Legal Advice & Counseling program.
POINT OF VIEW

Gender equality is when people of all genders have equal rights, responsibilities and opportunities.
Everyone is affected by gender inequality – women, men, trans and gender diverse people, children and
families. It impacts people of all ages and backgrounds.

We need gender equality urgently. Gender equality prevents violence against women and girls. It’s
essential for economic prosperity. Societies that value women and men as equal are safer and healthier.
Gender equality is a human right. Everyone benefits from gender equality.

INTRODUCTION

Gender Discrimination

Discrimination based on gender (or sex) is a common civil rights violation that takes many forms,
including sexual harassment, pregnancy discrimination, and unequal pay for women who do the same
jobs as men. Unfortunately, most U.S. women are all too familiar with all of these inequalities. This
section offers in-depth information on unlawful gender and sex discrimination in a number of settings –
including employment and education – and provides links to key federal laws and U.S. Supreme Court
decisions related to gender and sex discrimination. Gender discrimination laws also protect the rights of
transgender individuals. Read the articles below to learn how to identify and protect you against gender
based discrimination
CONCLUSION

The seventh edition of the World Forum for

Democracy, entitled “Gender equality –

Whose battle?” gathered more than 2000

Participants from over 80 countries, including

About 400 graduates from the Council of

Europe Schools of Political Studies.

This year’s Forum focused on two issues:

Why, despite a century of democratic

Progress, gender equality has not yet been

Achieved; and at what it takes to end

Prejudice, discrimination and violence against

Women in our societies. The Forum’s main

Finding was that while indeed democracy is

Still not inclusive, progress has been made.

There is a phenomenon of growing awareness

And involvement from men and women alike,

Together in the fight for equality: it is a

Common battle.
Who’s still afraid of gender equality?

“When a woman goes into politics her life

Changes, when many women go into politics

Life changes” (Vittorio Bachelet)

Gender equality is a human right and a

Longstanding area of policy-making that has

Recently been at the forefront of the political

Agenda. From the powerful #MeToo

Movement to the broad social backlash

Against male impunity for violence against

Women, the persistence of heavy stereotyping

And discrimination in social life; stakeholders

From all walks of life have called for effective

Legal and other measures to address

Structural barriers to gender equality. The

Forum focused on strategies to eradicate

Gender-based violence and discrimination

Against women. In doing so, it looked at the

Unequal power relations between women and

Men which lies at the heart of gender

Inequality. Gender inequality creates

Discrimination, entrenches gender

Stereotypes and prevents women and men,

Girls and boys from equally reaching their full

Potential in the workplace, at home and in

Society at large – with the brunt weighing

More heavily on women and girls. But it is in

The interests of everyone – women and men –

That gender equality should be tackled in a

Systemic, effective and lasting way.

These obstacles may vary from countries to

Localities, being very much influenced by

Cultural contexts, with gender inequalities

Present in all areas of society. In times of

Economic crises, their effect is often to

Entrench more traditional views of gender

Roles. In recent years, the action and influence

Of various conservative groups organised to

Dismantle decades of progress in women’s

Rights call for vigilance and commitment at by

All.

Time to act

The time to act against the multiple

Disadvantages women continue to face is

Now. The necessary policies and legislation

Have been in place for decades, but there is

Still broad scope for action and change in

Many countries across the world to prevent

Further backlash and swifter progress.

Progress is more effective when changes are

Introduced in the systems themselves,

Overcoming resistance and bringing about the

Necessary cultural shifts and the benefits to

The whole of society – women and men – can

Be shown.

Quotas – gender mainstreaming: musts

The participants in the Forum recognised that

Effective gender quotas are necessary in both

Politics and business, but they need to be

Accompanied by the development of a culture

Of gender equality in political institutions and

In an economy that is free of discrimination,

Sexism and harassment, thus enabling women

To thrive, including in positions of

Responsibility. However, the progress needed

Goes beyond the number of women elected

And the posts they hold: it must be integrated

Into policy-making. Gender must be

Mainstreamed in all policies, and at all levels, Together with positive measures such as

Quotas.

Eradicating gender stereotypes – ending

Violence

Breaking down conscious and unconscious

Gender stereotypes must be the starting point

For tackling gender inequalities. Gender

Stereotypes also affect the fight against

Gender-based violence, as they have an

Impact on the capacity of victims to react

Which often means that the perpetrators are

Not being held accountable for their acts. All

Forms of violence against women need to be

Eliminated through prevention measures, as

Well as through ending impunity, by

Encouraging victims – with the appropriate

Support and protection measures – to report

Transgressions, and by prosecuting every

Instance of violence. Addressing violence

Against women and breaking down sex-based

Discrimination, sexism and gender

Stereotypes need to go hand in hand.

Language, education and media

Ensuring gender-sensitive education

Schemes, notably by educating young men

And women on gender equality issues, human

Rights principles, mutual respect, dignity and

Anti-discrimination, is essential. Inclusive

Strategies should target men in particular,

As to involve them and

“normalising” gender equality. Semantics

Hold true power in issues related to gender equality: non-sexist and gender-sensitive

Language and portrayals need to be

Introduced in all sectors of society, especially

The media. Gender bias also needs to be

Addressed in the field of

Digitalisation/Artificial Intelligence due to the

High risk of big data reproducing stereotypes

Leading to potential

Discrimination/disadvantages for women. In

Order to unleash the great promise these

Technologies hold for all of humanity,

Algorithms and data should be free of bias and

Should not reinforce stereotypes and

Inequalities in our societies.

RECOMMENDATION

To governments

 Introduce targeted measures for gender equality representation in all areas of public

And political decision-making to ensure

Transparency when appointing members

To high-ranking positions and statutory

Bodies;

 Encourage the adoption of quotas by

Political parties and introduce effective

Quota legislation accompanied by

Sanctions (for example by partially

Withholding public subsidies from political

Parties for election campaigns, where

Applicable);

 Promote mandatory gender quotas in the

Public and private sectors;

 Develop laws which proscribe acts, words,

Gestures and behaviours expressing

Sexism or contempt of a person based on

Gender

 Ratify and implement the Council of

Europe Istanbul Convention and adopt

Legislation that protects women from

Discrimination and all forms of gender based violence (including sexual abuse,

Rape, physical, psychological and economic

Violence, verbal abuse, mutilation, torture

And trafficking);

 Take measures to prevent sexual abuse

And violence, for example through training

An awareness-raising campaigns and

Programmes targeting all members of

Society;

 Ensure that preventative measures toward

Creating safe spaces for women in politics

And in the public space are not gender

Binary but also take into account other

Forms of discrimination;

 Reform parental leave and other care leave

Schemes (paid or unpaid) in such a way so

As to achieve equality between women and

Men in sharing care work, for example

Through non-transferable entitlements for

Each parent;

 Ensure the implementation of a gender

Mainstreaming strategy in all areas of

Policy-making;

 Introduce and apply measures such as

Gender-budgeting to make resource

Allocation more inclusive and gendersensitive;

 Systematically support gender equality

Issues in foreign policy and diplomacy

(“feminist diplomacy”);

 Ensure gender equality in all aspects of

Education systems and provide education

And training opportunities for young Women so as to strengthen their capacity

To become economically active and

Independent.

To Parliaments

 Act assertively against sexist behaviour

And violence against women;

 Establish independent and effective

Mechanisms to which women and men

May turn to in the event of being subject to

Gender-based violence and ensure that

Parliamentary immunity is not a barrier to

Legal action against sexual harassment;

 Put in place measures ensuring that

Gender equality issues are taken into

Account in all areas.

To political parties

 Fully implement quota legislation as

Relevant and introduce voluntary quotas

For elections and in relation to internal

Mechanisms and procedures, coupled with

Effective monitoring;

 Work with national women’s rights

Organisations as external partners in

Gender equality policy-making and

Monitoring processes;

 Provide active training and mentoring

Opportunities to women party members,

Thus fostering their capacity and ambition

To fill high-level positions and train parties’

Leaders on gender equality issues;Time to act

The time to act against the multiple

Disadvantages women continue to face is

Now. The necessary policies and legislation

Have been in place for decades, but there is

Still broad scope for action and change in

Many countries across the world to prevent

Further backlash and swifter progress.

Progress is more effective when changes are

Introduced in the systems themselves,

Overcoming resistance and bringing about the

Necessary cultural shifts and the benefits to

The whole of society – women and men – can

Be shown.

Quotas – gender mainstreaming: musts

The participants in the Forum recognised that

Effective gender quotas are necessary in both

Politics and business, but they need to be

Accompanied by the development of a culture

Of gender equality in political institutions and

In an economy that is free of discrimination,

Sexism and harassment, thus enabling women

To thrive, including in positions of

Responsibility. However, the progress needed

Goes beyond the number of women elected

And the posts they hold: it must be integrated

Into policy-making. Gender must be

Mainstreamed in all policies, and at all levels,

Together with positive measures such as

Quotas.

Eradicating gender stereotypes – ending

Violence

Breaking down conscious and unconscious

Gender stereotypes must be the starting point

For tackling gender inequalities. Gender

Stereotypes also affect the fight against

Gender-based violence, as they have an

Impact on the capacity of victims to react

Which often means that the perpetrators are

Not being held accountable for their acts. All

Forms of violence against women need to be

Eliminated through prevention measures, as

Well as through ending impunity, by

Encouraging victims – with the appropriate

Support and protection measures – to report

Transgressions, and by prosecuting every

Instance of violence. Addressing violence

Against women and breaking down sex-based

Discrimination, sexism and gender

Stereotypes need to go hand in hand.

Language, education and media

Ensuring gender-sensitive education

Schemes, notably by educating young men

And women on gender equality issues, human

Rights principles, mutual respect, dignity and

Anti-discrimination, is essential. Inclusive

Strategies should target men in particular, so

As to involve them in promoting and

“normalising” gender equality. Semantics

Hold true power in issues related to gender equality: non-sexist and gender-sensitive

Language and portrayals need to be

Introduced in all sectors of society, especially

The media. Gender bias also needs to be

Addressed in the field of

Digitalisation/Artificial Intelligence due to the

High risk of big data reproducing stereotypes

Leading to potential

Discrimination/disadvantages for women. In

Order to unleash the great promise these

Technologies hold for all of humanity,

Algorithms and data should be free of bias and

Should not reinforce stereotypes and

Inequalities in our societies.

REFERENCE

https:// www. Equalrights. Org