Gender Discrimination of Employees, What Is It and How Is It Defined in Employment Law
Gender discrimination is defined as when an employer performs an adverse employment action towards his or her employment because of his or her employee’s gender. Adverse employment actions include, but are not limited to, hire, fire, promotions, demotions benefits, condition of employment, and pay. Gender discrimination does not only apply to female employees but applies to male employees as well. If an employer’s behavior or actions exemplify gender discrimination, then the employee could file a gender discrimination claim against his or her employer because gender discrimination by an employer is considered illegal and unlawful.
There are several examples of employee-employer interactions that demonstrate how an employer could discriminate against an employee merely because of the employee’s gender. One example of gender discrimination at the workplace would be if a female employee notices that almost all of the employees at her workplace that receives promotions from her employer are male. She also notices that almost all of the male employees who would receive higher pay are less experienced than most of the women at her workplace. She claims that it is very rare for a woman to be promoted by her employer. These claims made by this female employee clearly demonstrate how the employer is discriminating against female employees; an obvious example of gender discrimination. Gender discrimination could also occur if there is unequal pay at the workplace amongst employees because of their gender. A hypothetical situation would be if a male and female employee both have the same job duties and both have the same position at the company. Both employees are equally experienced. There is no difference between the two employees except their gender, however, the employer pays the male employee a higher salary than the female employee. This is a clear example of gender discrimination at the workplace because the only differing factor between the two employees is their gender. This would be a strong case if the female employee decides to file a gender discrimination case against her employer.
If an employee wants to make a gender discrimination claim against his or her employer, there are certain ways that the employee could strengthen his or her case. One way to strengthen the employee’s case would be to gather up all emails and text messages from his or her employer that demonstrates clear discrimination based on one’s gender. Another tip that employees should employ in order to strengthen his or her case would be to put together all comments and reviews on their performance. It is important for the employee to show that he or she is a hard-working employee because the employer would most likely argue that any adverse employment decisions made by the employer were due to the employee’s poor working performance. Thus, the employee has to prove that his or her employer’s claim is false and that the real reason they were treated unfairly was due to their gender. A third suggestion that would be helpful for an employee to strengthen his or her case would be to keep a written record of any derogatory remarks or comments made by the employer to the employee. By keeping a written record, the employee could prove that he or she has been discriminated against by his or her employee on several occasions.
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Our attorneys at Miracle Mile Law Group are here to help you understand your legal rights as a worker. Don’t accept workplace gender discrimination. You can act now and let us help you fight for your rights in the workplace. We stand up against any employer to defend our clients.