Sex based or gender discrimination occurs
when an employer
treats an employee or employees unfairly based on their
gender. Title VII of the Civil Rights Act of 1967 prohibits
this practice, and applies to all employers, including labor
unions and employment agencies that have fifteen or more
employees. Title VII also prohibits sexual harassment of any
kind, as this could result in the creation of a hostile work
employer may not:
fire based on gender
Determine salaries based on gender
or demote based on gender
Segregate based on gender
employees based on gender
an employee who reports sex-based
The only time an employer may discriminate based on gender
is when sex is a “bona fide occupational qualification” (BFOQ).
The burden of proof, however, always lies with the employer
in these cases.
An excellent example of this in action is the case of
Mitchell v. Michigan Department of Corrections. The
court held that the female gender was a BFOQ for
correctional officer and residential housing unit officer at
a women’s prison since necessary to exclude males in these
If you believe that you
are a victim of gender
discrimination in the workplace
and you believe that your
job rights have been violated you have the right to file a
charge of discrimination. This is a required step
before you are allowed to file a discrimination lawsuit.
to get help now.
You may deserve compensation.