Law Library Articles
Top 10 Gender and Sex Discrimination Law Articles
Though we often use both terms interchangeably, gender and sex actually have two different meanings. Gender is a social construct while sex is biological. This means someone’s sex can be genetically defined, while gender resolves around how someone presents themselves to society and how society views them. This is also known as gender identity. Sexual orientation, on the other hand, is a quality that causes people to feel romantic attraction to people.
All these different categories, whether gender, sex, or sexual orientation, can all result in discriminatory actions against people to do not adhere to societal norms. While there is state and federal legislation protecting people from being discriminated against due to gender, the same cannot be said for discrimination due to gender identity or sexual orientation. As a starting point for people who have experienced sexual discrimination, the LegalMatch Law Library has compiled a list of the Top 10 Articles on Gender and Sexual Discrimination Law.
Both federal and state law usually prohibits employers from treating someone differently due to his or her gender. Unfortunately gender discrimination does happen and that is why it is best to know what laws exist that protect against gender or sex discrimination so that when it happens, you can file a claim.
It is illegal to pay people differently due to his or her gender. If your employer pays you differently than other people at work and the only difference between you and them is your gender, then your employer might be guilty of violating the equal pay act.
Although there are no federal laws protecting people from discrimination in the workplace because of their sexual orientation or their gender identity, several states have enacted such provisions. Depending on the state, protection might be limited to only public employment or both private and public employment.
The EEOC is a federal agency that combats discrimination in the workplace. It has also been given to power to enforce many anti-discrimination laws. It is usually the first place people go when seeking recovery from being discriminated against in the workplace since the EEOC can start a reconciliation process that might resolve the issue without needing to file a lawsuit.
While there are no federal laws that protect someone from being discriminated against on the basis of their sexual orientation in private employment, some states do have such laws in place. Depending on what state you live in, you might be protected from sexual orientation discrimination in both private and public workplaces.
The Equal Pay Act protects someone from being discriminated against in wages and benefits because of his or her gender. Even though women have been traditionally discriminated against by receiving less pay, the EPA also protects men from being discriminated against as well.
In order to win a gender discrimination case, you have to prove that gender was the reason why you were treated differently than other workers. It can be difficult to prove gender discrimination, but the court does allow the use of statistics in proving a claim of gender discrimination.
The Masters Tournament is held at the Augusta National Golf Club, which is well-known for being a male only golf club. As it is a private club it is much harder to sue for discrimination. If you are a women wishing to enter a male-only private club or a man wishing to enter into a female-only private club, you might be able to sue for entry under the state anti-discrimination statues or the Civil Rights Act of 1963.
Employers are allowed to set rules governing the appearance of their employees. A policy that has different grooming standards for men and women is not automatically discriminatory if both sexes are equally burdened by the requirements and the rules are related to the job.
While the government put affirmative action in place in order to help people who have been historically disadvantage, it has had the unintended effect of leading to the discrimination of classes that have historically been privileged, AKA reverse discrimination.