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Definition of Discrimination

 GENDER DISCRIMINATION 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 environment.

An employer may not:

·         Hire of fire based on gender

·         Determine salaries based on gender

·         Promote or demote based on gender

·         Segregate based on gender

·         Reward employees based on gender

·         Punish 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 areas.

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.  Click here to get help now.  You may deserve compensation.

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