Understanding Sex/Gender Discrimination in the Workplace
Do you believe that you or a loved could have possibly been discriminated against in the workplace because of your sex/gender? There are many different ways you can be discriminated against, and it can often be difficult to determine what classifies as discrimination, and also to know what your options are. Our legal team at Walton + Brown, LLP has put together a list of frequently asked questions that can help you identify discrimination in your own workplace.
1. What is sex or gender discrimination?
Sex or gender discrimination is defined as treating individuals differently in their employment specifically because an individual is a woman or a man. If you or a loved one has been rejected for employment, fired, or otherwise harmed in employment because of your sex or gender, then it is possible you might have suffered sex or discrimination. Additional examples of gender/sex discrimination include being hired or fired, being promoted or demoted, receiving lower pay, or receiving worse benefits due to your gender comparatively to another gender.
2. Can an employer pay me less because I’m a woman? Can I be paid less because I’m a man?
Simply put, no. The Equal Pay Act and Title VII ensure that it is illegal to discriminate on the basis of sex in the payment of wages or benefits.
3. Can an employer treat me differently because I can or have become pregnant?
No. The Pregnancy Discrimination Act prohibits employers from treating pregnant women differently from other employees. In fact, pregnancy is considered a temporary disability (given medical conditions such as severe morning sickness, doctor-ordered bed-rests, childbirth, recovery from childbirth, etc.).
4. What is the difference between sex discrimination and sexual harassment?
Sex discrimination can be defined as unwelcome sexual advances, requests for sexual favors, or verbal and/or physical conduct of a sexual nature which intereferes with an individual’s work performance or creates an intimidating, hostile, or offensive work environment. Sex discrimination is not subject to one gender or group of people. Therefore, it is possible for sexual harassment and sex/gender discrimination to have possible overlap. For additional questions about specific instances at your place of employment, call Walton + Brown, LLP at
5. Who enforces the law?
The Equal Employment Opportunity Commission (EEOC) is an agency of the federal government responsible for investigating charges of job discrimination. In addition to the EEOC, most states have their own agencies that enforce state laws against discrimination. Our attorneys at Walton + Brown, LLP will fight on your behalf to ensure your employer is not violating any laws set by these agencies.
6. What are the remedies or types of compensation available to me?
The level of compensation or remedy that one can expect will depend on the specifics of each case. Victims of sex discrimination can recover remedies that include back pay, hiring, promotion, reinstatement, front pay, compensatory damages (emotional pain and suffering), punitive damages, or other actions that will help make an individual “whole” again.
Sex/gender discrimination is not the only type of discrimination that happens in the workplace. Oftentimes, it will be accompanied by other forms of illegal discrimination such as age, race, or disability. If you or a loved one believe you are being treated unfairly by your employer for any one of these reasons, please call our law firm at
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Disclaimer: The materials available on this page are for informational purposes only and not for the purpose of providing legal advice. If you still have questions about an employment-related discrimination matter, it would be best for you to contact an attorney to obtain advice with respect to any issue or problem. Use and access to this website or any of the links contained within the site does not create an attorney-client relationship.
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Walton + Brown, LLP takes pride in having a successful serious personal injury and civil rights practice, unafraid to step into a courtroom and litigate cases to the fullest extent necessary. With over 450 lawsuits filed and over $18 million in settlements or verdicts won for our clients, Sean and Chanda bring a record of success. Sean and Chanda have been awarded Top 100 and Top 40 Under 40 designations as trial attorneys.
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