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
discrimination
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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