Employment Search Information

As most of the employable people in the United States are already aware, any kind of discrimination in the workplace is illegal.  Some kinds, like sexual orientation discrimination, is only prevented by state law in California and is not covered at all by Federal law; other types of discrimination, like sex or gender discrimination,  is prevented by Federal law, particularly the Title VII law.

Sex or gender discrimination, simply put, is when an employer or company will not hire a person, passes over a person for a promotion, or fires a person based on their gender.  In fact, any unfair treatment by the employer of the employee because of their gender is defined as discrimination under federal law.  This kind of discrimination is considered illegal when it affects a person’s “terms or conditions of employment”; for example, if the person in question is not given vacation time because of their sex, that is discrimination.

According to Federal law, it is illegal to discriminate against a person based on their sex or gender.  This was very important legislation during the time of women’s suffrage and the feminist movement because it was these movements that brought about legislation like the amendment to the Fair Labor Standard’s Act, the Equal Pay Act.

The Equal Pay Act states that male and female employees who perform the same job, have the same responsibilities, the same seniority, the same skills, the same working environment and the same abilities should have the same pay.  If a male or female employee can prove that their employer is not paying them the same amount as another, similar employee of the opposite sex, the employer must rectify the situation.  Federal Law also states that the situation must be changed by raising the pay of the first employee and not by lowering the pay of the second employee.

For both women and men, it is important to be able to be yourself all the time, but most specifically in the workplace.  While certain behaviors like poor language and inappropriate humor should always be left at home, a person’s personal and gender traits cannot be expected to be saved for outside the office.  This is why gender stereotypes are prevented in anti-sex or gender discrimination law.

An example of gender stereotypes can be applied to both sexes.  If a man is passed over for a job solely because he acts too feminine, this would be considered gender discrimination based on gender stereotypes.  If a woman is not given a promotion she deserves because her behavior is considered too masculine, she, too, is a victim of gender discrimination based on gender stereotypes.  Of course, this has to be provable before it can successfully go to court.