Gender Discrimination at Work

While most women are prospering in the working world, many still face workplace discrimination on a daily basis. Although federal law prohibits gender discrimination, many employers still violate these laws, with little or no consequences for their illegal actions. In fact, women in today's workforce are earning 20% less then men. Despite legislation such as the Equal Pay Act, which requires that men and women receive equal pay for equal work, and the Civil Rights Act of 1991, which prohibits gender discrimination in the area of pay, women's workplace rights are often violated.

Gender Discrimination Laws

Employment laws provide basic rights for women in the workplace. Specifically, federal and state laws require:

• Equal treatment at the workplace
• The same policies for male and female employees
• Standard procedure for male and females in all aspects of the employment relationship
• Equal pay for equal work

The Equal Pay Act

Passed in 1963, the Equal Pay Act requires that men and women receive equal pay for equal work. Specifically, the Act states that companies cannot pay unequal wages to men and women who carry out jobs that require the same skill, effort and responsibility, in similar working conditions, within the same establishment. Each of these factors can be further explained as follows:

• Skill: Can be measured by experience, education and training needed to perform the job. This provision in the Equal Pay Act defines skills as only those abilities needed for the job, rather than an employee's entire range of talents. For instance, two paralegals should receive equal pay, even if one has a master's degree in chemistry, since a science degree is not required to perform the position.


• Effort: The amount of mental and physical work required by the job. For instance, there are five employees on an assembly line. The last person in the line must finish assembling the product, lift it and place it on a board. Under the Equal Pay Act, it is legal to pay this person more money, since their amount of physical exertion exceeds others in the assembly line.


• Responsibility: The amount of liability needed in performing the job. For example, a salesperson who has the authority to accept personal checks can be paid more than other members of the sales team who do not have this responsibility. A minor responsibility, such as switching lights off at the end of the work day, would not warrant a pay increase.


• Working Conditions: This provision encompasses physical surroundings and occupational hazards.


• Establishment: A distinct, physical place of business.

The Civil Rights Act of 1991

The Civil Rights Act of 1991 also protects employees from discrimination in the workplace. This Act was passed in response to several Supreme Court decisions that limited the rights of employees who sued their company for discriminatory practices. There had been no other substantial efforts to improve workplace rights since the Civil Rights Act of 1964. It provided the right to trial by jury in discrimination cases and introduced emotional distress damages.

Combined, the Civil Rights Act of 1991 and the Equal Pay Act prohibit gender discrimination in all areas of employment, including:

• Pay
• Assignments
• Promotions
• Working conditions
• Fringe benefits
• Disability leave
• Hiring and firing
• Retirement plans
• Use of company facilities
• Demotions

If you feel your rights under these laws have been violated, you may be eligible for a workplace discrimination lawsuit. Our workplace discrimination attorneys will be able to thoroughly evaluate your case and direct you toward the next step in getting compensation for your gender discrimination claim. Gender discrimination at work can come in many forms, so even if you are unsure about your case, you should consult an attorney for a free, no risk case evaluation.