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Significant Laws for Gender Discrimination in the Workplace

By Edited Sep 24, 2015 0 0

Gender discrimination is the unfair treatment on the basis of sex. It happens mostly in the workplace where men or women suffer unequal employment opportunity, wage rate, or abuse.

Federal and state laws provide protection for employees against unequal labor practices and abuses on the basis of gender. These also stipulate employers to maintain a workplace free from sexual harassment that may interfere with the employees' job.

Significant laws for gender discrimination are:

Civil Rights Act of 1964 Title VII. It prohibits discrimination in the workplace due to national origin, color, gender, and religion.

Title VII forbids employers from refusing to hire an applicant or discriminate employees in relation to wage rate, status and benefits of employment. It also bans employers from segregating or excluding employees on the basis of gender that will create a hostile work environment.

Title VII also protects employees from acts of retaliation when a discrimination complaint is filed against a superior or co-employee, which also include apprenticeship programs and job advertisements.

Equal Pay Act of 1963. It mandates employers to compensate employees fairly regardless of gender.

Pregnancy Discrimination Act. It protects female pregnant employees from discrimination during the hiring, promotion, retention, or promotion status.

Family and Medical Leave Act. It provides employees time off from work to care for a sick family member or a newborn.

These laws are applicable to most businesses with 5 or more employees. The Equal Pay Act specifically covers all employees' even businesses with one to three employees.

Gender discrimination laws covers sexual harassment cases in the workplace. Sexual harassment is any unwarranted sexual advance or conduct that creates a hostile working environment or affects work performance. The action or behavior can be physical or verbal and must be repetitive or grave.

Sexual harassment is any unwelcome action that makes an employee uncomfortable and distressed.

Examples of sexual harassment conduct are:

1. Verbal or written- sexual innuendos, comments on the person's body or sensitive parts, jokes or ridicule that has sexual connotation, and repetitive request for sexual favor.

2. Physical- blocking, indiscreet touching, kissing, stroking, patting, etc.

3. Nonverbal- demeaning look on one's body, stalking, and sexually suggestive gesture

4. Visual- Showing of nude or sexually suggestive pictures

Sexual harassment must be repetitive or severe that it creates a hostile working environment or a distress that affects the work performance of an employee.

If you have suffered harassment in the workplace, you can file a discrimination lawsuit and recover damages. It will also prevent your employer from committing any act of retaliation. Consult an experienced Gender Discrimination Expert, Employment Law Attorney in Los Angeles law firm today. You can check the profile of an expert employment attorney at LinkedIn.

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