Orange County Gender Discrimination Attorney
Gender Discrimination
There is a long history of gender discrimination in the United States. Gender discrimination is defined as the unequal treatment of people based on their gender. Men as well as women can be the victims of sex discrimination. It is epitomized by unequal pay, discriminatory job standards, and failure to gain promotion.
In order for treatment of employees that is different to be considered discriminatory, the differences in policies must be not only different but they must also be unfair. A workplace rule that requires men and women to use separate bathrooms is not gender discrimination; however, if the working conditions or hiring policies for women and men happened to be different, then there would be a problem. Sexual harassment is a unique form of gender discrimination.
Early in the 1960s, Congress passed the Civil Rights Act of 1964. Title VII of this Act created a provision to prohibit workplace discrimination based not only on race but also on gender. The same rules that apply for race discrimination are applicable to gender discrimination. Title VII makes it illegal for an employer to fail or to refuse to hire or to discharge any individual, or otherwise to discriminate against any individual in regards to compensation, terms, or privileges of employment because of an individual's sex or gender.
In 1963, the Equal Pay Act also tried to eliminate workplace discrimination. This Act requires an employer to pay their male and female employees equal amounts for equal work in the same establishment. Under this Act, the jobs that are performed do not need to be identical but they do need to be substantially equal. Title VII of the Civil Rights Act also tries to correct a pay discrepancy between male and female employees. Title VII acts differently than the Equal Pay Act because it does not require jobs to be "substantially equal" or even in the same business establishment.
These acts make it unlawful for an employer to retaliate against an employee who opposes discriminatory practices or for any action that expresses their opposition. Expressing opposition is commonly shown by participating in any way in an investigation, proceeding, or litigation.
Pregnancy discrimination is a unique form of gender discrimination. To combat this, Congress passed the Pregnancy Discrimination Act of 1978. This Act added to Title VII of the Civil Rights Act and expands the protections granted to women. It expands the definition of "because of sex" and "on the basis of sex". Following the Pregnancy Discrimination Act, the definitions included discriminating against people because of or on the basis of pregnancy, childbirth, or related medical conditions. It also demands that women who are affected by pregnancy, childbirth, or related medical conditions will be treated in the same manner as other employees in regards to employment-related benefits.
As the passage of this Act followed the Roe v. Wade decision of 1973, Congress made certain to include rules concerning abortions. Basically, an employer's health-care plan does not have to cover an abortion except where the health of the mother would be negatively affected if the fetus were carried to term. Also, an employer's health-care benefits do not have to cover medical complications that have arisen due to an abortion.
Contacting an experienced attorney is advisable for any dispute that involves this area of employment law. Orange County Labor and Employment Lawyer Perry Smith can help you determine the strength of your case and can help you see it through to the end.