Chapter 2: How to Identify Gender Discrimination

Gender discrimination in the workplace can take on many different forms during the hiring process and once you are on the job.

In most cases, gender discrimination is usually thought of happening against women, but it isn’t limited to just women. Men can experience it as well.

Examples of Gender Discrimination

There are a number of forms of gender discrimination. Here are a few of the more common areas of concern we see in our law practice:

• • Unequal Pay and Benefits: The law states males and females who are doing basically the same job, requiring the same level of responsibility, duties and skill, and working for the same company should be paid the same. However, the wage gap between genders is still a problem even today. Data from 2015 shows female workers made 80 cents for every dollar men made, creating a wage gap of 20 percent.

• • Interview Questions: Employers are prohibited from asking questions during an interview that involve the personal life of the applicant or stereotypes based on:
    • Race
    • Gender
    • Marital status
    • Age
    • Religion
  • Addressing Employees: Employers must speak to male and female employees in the same manner. For example, the employer shouldn’t call a female “honey” or “sugar” or any other pet name. The employer should treat employees the same and not talk down to any employee based on the gender.
  • Glass Ceiling: The glass ceiling refers to the metaphorical barrier successful women face when trying to climb the career ladder. The glass ceiling occurs when a woman tries and fails to advance from a mid-level position to a senior-level position that is usually held by men.It is considered discrimination against women in the workplace to deny a promotion because of gender. Employers must take reasonable steps to eliminate the glass ceiling in their company and not limit how far female employees can advance.
  • Positional Stereotypes: Gender stereotypes support the mistaken idea that females and males are only fit for certain positions and duties. For example, more women hold jobs as a secretary or administrative assistant than any other position in the United States.A male who applies for a secretarial job with adequate credentials may have a harder time getting the position than a female applicant with the same skillset, based on biases either stated or unstated.On that same note, a female may be less likely to get an executive position because men stereotypically are seen as displaying characteristics more fit for leadership.
  • Equal Rules and Policies: Females and males cannot be treated differently based on gender in terms of employment contracts, benefits and policies in the workplace.For instance, an employer may expect a man to stay and work overtime but not a woman, because females are seen as mothers who should be home with their children. This discriminates against both the male and female employee.
  • Dress Code: Employers can specify a reasonable dress code for their employees. It may state males have to wear ties and females should wear skirts or dresses, for example. In the past, courts have upheld such policies. However, in California, employers can’t deny an employee the right to wear pants because of their gender or gender identity. Uniforms are fine, but females can’t be required to wear a sexually revealing uniform unless their male coworkers are required to as well.

Another Type of Gender Discrimination: Sexual Harassment

Sexual harassment is illegal in the workplace. Sexual harassment is considered anything that can be seen as offensive or sexual based on gender. Harassment laws can be a bit vague, but teasing isn’t generally considered harassment. Teasing, comments or advancements can cross the line into harassment if they create or contribute to an offensive or hostile work environment.

The sexual harassment law protects both male and females because either gender may be sexually harassed. It’s important to note someone of either gender can be the harasser, and same-sex harassment is also a possibility. Sexual harassment can occur between employees or between an employer and an employee.

In some cases, there is more than one victim. If sexual harassment occurs in the workplace between one individual and another, other co-workers who are in the same environment may feel uncomfortable, offended or threatened by the harasser’s behavior even if they aren’t the direct target of the harassment itself.

Examples of Sexual Harassment

Some examples of sexual harassment include but aren’t limited to:

• • • Sexual or gender-based innuendos or comments
    • Intrusive questions
    • Threats or bribes of a sexual nature
    • Unwanted touching
    • Rating attractiveness
    • Spreading sexual rumors
    • Crude or sexual jokes
    • Stalking
    • Sexual assault, including failed attempts
    • Name calling based on gender
    • Ogling or unwanted staring at body parts
    • Pattern of making unwanted advances or asking someone out

What Should You Do If You Are Sexually Harassed at Work?

If you are a victim of sexual harassment at work, you may feel embarrassed or ashamed, but you shouldn’t because you’ve done nothing wrong. It’s important to report the harassment to your employer so they can take proper action against the harasser.

Keep in mind you are protected under federal and state law from retaliation from the employer if you’ve reported harassment. Once you’ve notified your employer, you may want to look in your employee handbook and see what the company policy is regarding what you should do next.

If your boss is the harasser, it isn’t advisable to notify them of their own actions. You don’t want a confrontation. In this case, you may need to contact the EEOC to help you with your situation.

Seek Legal Help to Determine If You Have a Sexual Discrimination Case

If you believe you’ve been discriminated against due your gender or sexually harassed in Pennsylvania, give us a call or send us a message and we’d be happy to help you determine your next steps. Call for free at (855) 716-2367 or contact us online.

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