Our society has made significant progress in ensuring that genders are treated equally in the workplace; however, we have not completely eradicated sexual discrimination. Recent studies revealed that as of 2013, women were paid only 78 percent of what their male counterparts were paid. This encompasses nearly every occupation in the United States, and the pay gap increases with age.
Sexual discrimination at work does not end with the pay gap. Women are passed over for promotions, bonuses, and other opportunities based solely on their gender rather than their job performance. In male dominated professions, such as engineering and IT services, women are hired less often than their male counterparts even though they have equivalent credentials and experience.
Although most victims of gender bias are women, approximately one in 10 victims are men. The laws governing gender discrimination in the workplace are clear: employers cannot discriminate based on gender. This means that a man has the same legal right as a woman to file a claim against his employer for treating him differently because he is male.
Robert A. Klingler is a Cincinnati, OH, employment lawyer who has dedicated his law practice to helping individuals experiencing discrimination or harassment at work. Sexual discrimination claims can be complex; therefore, you need an attorney who has extensive experience litigating these matters. By focusing his law firm’s practice on this area of law, the firm has gained the expertise, knowledge, and trial experience necessary to successfully represent his clients against unfair workplace discrimination.
Contact our office at 513-665-9500 to schedule a private, confidential consultation to discuss the details of your claim. Depending on the circumstances of your discrimination claim, you may have a claim under federal law, state law, or both.
What is sexual discrimination in the workplace?
If an employer treats an employee differently based on whether that employee is male or female, that is sex and gender discrimination. The laws against gender discrimination in the workplace cover a wide variety of situations such as:
- Pregnancy discrimination
- Sexual harassment
- Pay gaps
- Hiring or firing employees based on gender
- Demoting an employee based on gender
- Promoting an employee or offering other bonuses, rewards, and incentives based on gender
The Civil Rights Act of 1964 provides the anti-discrimination laws that protect people from discrimination based on their race, religion, national origin, color, or sex. Title VII specifically makes it unlawful for employers to make employment decisions based on a person’s gender. The law requires employers to treat all employees equally in the workplace and to subject all employees to the same policies, practices, and standards regardless of their gender. This means that employers must be gender neutral when making employment decisions such as:
- Recruiting new employees
- Hiring new employees
- Advancement opportunities
- Placement and promotions opportunities
- Job training
- Working conditions
- Assignment of tasks and job responsibilities
- Compensation, including bonuses and other incentives
- Firing employees
Any term or condition of employment must apply to males and females the same. Employers are not permitted to make assumptions about an employee based on gender stereotypes or traits. Decisions should be based solely on the employee’s performance, work history, experience, and other similar attributes.
Does the “glass ceiling” still exist?
For some women in the workplace, the answer to this question would be a categorical “Yes!” The term “glass ceiling” is used to describe that invisible barrier that prevents women from advancing to the top-level positions in their field solely based on the fact that they are female. This was a widespread problem several decades ago when men did not believe that women had the ability to be leaders, thinkers, and doers. It was a common belief that women were only able to perform secretarial or desk work. Management decisions were left to the “big boys.”
Today’s corporate landscape has changed dramatically; however, women are still being passed over for promotions based on gender. In 1980, top executive positions were only held by men. In 2011, only 11 percent of executive positions were held by women. From Fortune 500 companies to health care and information technology, women still hold a very small percentage of executive level positions.
If you believe that you have been passed over for promotions or your advancement has been otherwise hindered because of your gender, you may have a discrimination claim. Depending on the circumstances, you may have both federal and state remedies.
Equal Pay for Equal Work
The Equal Pay Act of 1963 requires that an employer compensate men and women equally for performing the same work. It is not required that the job titles be identical or even the jobs themselves be identical. If the job responsibilities are substantially equal, the employer must pay males and females the same compensation. You may have a sexual discrimination claim under the Equal Pay Act of 1963 if your employer is paying a co-worker of the opposite sex more money for doing substantially the same work you are doing.
Equal pay includes all forms of compensation and benefits, such as salary, bonuses, overtime pay, expense reimbursements, stock options, employer contributions to retirement plans, and other allowances and reimbursements. However, the jobs must be substantially equal for the “Equal Pay for Equal Work” provisions to apply.
Consult an Experienced Cincinnati, OH, Sexual Discrimination Attorney
If you are the victim of gender discrimination in the workplace, you have rights. Laws exist to protect employees from gender-based discrimination. Your first step in addressing discrimination should be to retain a Cincinnati, OH, sexual discrimination lawyer who has the expertise, knowledge, trial experience, and resources to investigate your claim and to determine what legal options are available to hold your employer responsible for its actions.
Bob and his team are dedicated to providing personal attention to each of their clients as they pursue justice through a sexual discrimination claim. They are committed to obtaining results and maximizing the compensation you receive for your claim. Contact his office at 513-665-9500 to schedule a consultation to discuss your legal rights.