A Gender Discrimination Lawyer Can Help
Whether you are a male or female, it is important to know that you are protected under the laws of gender discrimination. Title VII provides protection to individuals against discrimination based on gender identity or sexual orientation.
Women are paid less than men to perform the same job
Despite a growing number of women entering the workforce, women are paid less than men to perform the same job. As a result, women are often overlooked for promotions and important assignments. They are also less likely to have employer-provided health insurance or retirement resources.
The gender pay gap is the difference between the average hourly wages of women and men in the same occupation. It is often measured in percentage terms, but it can also be expressed in other ways. For example, the “motherhood wage penalty” is the difference in pay between women and men who have children.
Other measures of the gender pay gap take into account different parts of the wage distribution, such as occupations and demographic subgroups. Although these measures are not directly comparable, they provide a rough estimate of the size of the gender pay gap.
The best-known measure of the gender pay gap is the “motherhood wage penalty,” which describes the difference between the wages of women and men who have children. Although this measure has a small effect on hourly wages, it has a large effect on overall wealth.
Another measure is the “unexplained gap,” which refers to the difference in pay between men and women who are observationally identical. This gap shrank dramatically in the 1980s, but it has remained steady since then. In fact, the unexplained gap accounts for more of the gender pay gap today than it did in the 1980s.
There are other measures of the gender pay gap, such as the “biggest gap” and the “smallest gap.” The “biggest gap” refers to the difference in wages between the highest- and lowest-paid workers in an occupation. The “smallest gap” refers to the difference in wages for middle-wage women.
In the U.S., the gender pay gap is most pronounced among high-earning whites. In fact, women with college degrees are paid about $4 less per hour than men with similar educational credentials.
Despite the progress made over the past few years, the gender pay gap continues to affect women’s financial security. The National Women’s Law Center recently released a fact sheet on the topic.
Family obligations are used as a reason to avoid hiring women
During my tenure as a human resources exec, I was fortunate enough to learn from the best and the brights in tandem, but that’s another story. In my heyday, I got my fill of high-level decision making, admonishing and advising managers on the fly. This was the time of my life, and I was able to make a lasting impression. It’s been a lull since, but I’m back in the swing of things and looking forward to an exciting new chapter in my life. After all, who knows, I might even be able to make a splash in the business world of the future. Probably a lot of people do not know that they’ve been missing out, but it’s all good. It’s been an enjoyable experience and I’m proud to have played a part in putting the company on the path to success. For the first time in over a decade, I’m finally able to say I love my job!
Title VII provides protection against discrimination based on gender identity or sexual orientation
During the 1990s, many states began to include protections against discrimination based on sexual orientation and gender identity in their employment discrimination statutes. Today, there are nine states that prohibit sexual orientation discrimination by public employers. There are also at least eleven states that have proposed laws that would add gender identity protections. In addition to these state laws, many cities have enacted protections for LGBTQ individuals.
Some of the laws that protect LGBTQ individuals have been passed by the United States Congress. These laws include the Americans with Disabilities Act and the Rehabilitation Act of 1973. Some of these laws protect employees in the executive branch and others protect employees in public and private organizations.
The United States Supreme Court ruled in Bostock v. Clayton County that Title VII of the Civil Rights Act of 1964 provides protection against employment discrimination based on sexual orientation. This case involved a transgender woman who was fired from her funeral home.
The Supreme Court decided that Bostock was protected by Title VII. The court explained that to be discriminated against on the basis of sexual orientation, the employer must have intentionally treated the employee differently. The court also acknowledged that it was possible to be discriminated against on the basis of same-sex sexual harassment. The court also reserved certain issues for future cases.
The Department of Justice has not taken any position on the definition of sex. Some lower courts prefer a strict reading of Title VII protections based on sex. Other courts have held that sex discrimination is outside the parameters of Title VII.
The Supreme Court has not ruled on the issue of religious exemptions to the protections provided by Title IX. However, Justice Gorsuch has suggested that religious conservatives should be granted sweeping exemptions from discrimination laws.
Title VII protects current employees and job applicants. It does not cover independent contractors. A plaintiff bringing a discrimination claim can choose to sue under either Title VII or state law. It is possible to file a complaint with the federal Equal Employment Opportunity Commission and continue to seek recourse for discrimination in the workplace through the federal courts.
Remedies available to victims of gender discrimination
Those who are victims of gender discrimination have the right to pursue damages for past, present, and future pay. This includes back pay and fringe benefits. In addition, a female employee who is passed over for promotion because she is a woman can seek compensation for a difference in pay.
The remedies available to victims of gender discrimination are governed by the Civil Rights Act of 1964, also known as Title VII. Only companies with 15 or more employees are covered by the Act. If an employer retaliates against a member of the protected class, that employee may be able to file a complaint against the employer under the Optional Protocol. The Optional Protocol is a quasi-judicial process that provides for an independent complaint mechanism.
The process is governed by the Committee on the Elimination of Discrimination against Women (CEDAW), an independent body composed of 23 experts on women’s rights from around the world. The Committee monitors the implementation of the CEDAW and ensures that a state party fulfills its obligations under the CEDAW. It also provides support to those who have alleged CEDAW violations.