Everyone should be entitled to equal opportunities and fair treatment in the employment landscape. However, cases of sex and gender discrimination persist, affecting the lives of employees across various industries. We stand steadfast in our commitment to represent the interests of employees facing such situations, using our extensive knowledge of New Jersey and federal laws to seek justice and rectification.
Sex and gender discrimination takes various forms, such as unequal pay, unfair promotions, and unwarranted dismissals, often based on the employee’s sex, gender identity, or sexual orientation. The impact can profoundly affect an individual’s career progression, financial stability, and well-being.
For instance, the notorious issue of the “gender pay gap” is a prominent example of sex discrimination. Despite considerable advances in civil rights, women still earn less than men for performing the same work. This disparity extends from the boardroom to the factory floor, affecting women across all roles and industries.
Federal law, in the form of the Equal Pay Act of 1963, prohibits wage discrimination between men and women performing substantially equal work under similar conditions. New Jersey’s law, the Diane B. Allen Equal Pay Act, takes it further, extending protections to all protected classes, not just sex, and requiring equal pay for “substantially similar work.”
Another form of discrimination commonly faced by employees is gender bias in promotions and opportunities. Men often enjoy more opportunities for career advancement, while women and those identifying outside the gender binary may find their paths to progress unjustly obstructed.
Title VII of the Civil Rights Act of 1964, a federal law, prohibits employers from discriminating based on sex, race, color, national origin, and religion. Under Title VII, denying promotions based on an employee’s gender is a clear violation. Similarly, New Jersey Law Against Discrimination (NJLAD) also prohibits discrimination in any job-related action, including recruitment, interviewing, hiring, promotions, discharge, compensation, and the terms, conditions, and privileges of employment on the basis of any of the law’s specified protected categories.
Discrimination may also arise from pregnancy and related conditions. Both federal and state laws offer explicit protections here. The Pregnancy Discrimination Act (PDA), an amendment to Title VII, prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions. Similarly, the NJLAD requires employers to reasonably accommodate pregnant employees and prevent discrimination based on pregnancy.
Discrimination against individuals who do not conform to traditional gender norms can manifest in various forms, from refusal to hire to harassment in the workplace. Title VII’s prohibition of sex discrimination has been interpreted by federal courts and the EEOC to include discrimination against transgender, non-binary, and gender non-conforming individuals. In recent years, protections have expanded to include gender identity and expression. New Jersey has been a leader in this area, with the NJLAD prohibiting discrimination based on gender identity and expression.
While the laws provide a solid framework for combating sex and gender discrimination, the real challenge often lies in recognizing these issues and taking action. Employees must understand their rights and stand up against unfair practices.
If you believe you are experiencing sex or gender discrimination at work, it’s essential to document incidents thoroughly, seek advice from knowledgeable professionals, and, where necessary, pursue legal action. We are here to support you, providing expert advice, guidance, and robust representation if necessary.
Our team of experienced employment attorneys is committed to fighting for your rights. We understand Federal and New Jersey laws relating to sex and gender discrimination and how to apply this knowledge to protect your interests.
In a world where equality and fairness should be the norm, it’s regrettable that sex and gender discrimination persists. However, you can take a stand against such practices with appropriate legal support. You can contribute to a broader shift towards a more equitable and inclusive work environment by raising your voice and asserting your rights.
Contact a Seasoned and Qualified Sex and Gender Discrimination Attorney
The attorneys of Risman & Risman, P.C. can advise you on the different forms of sex and gender discrimination and answer specific questions regarding your claim. Know the facts before proceeding. Our sex and gender discrimination attorneys are eager to discuss your concerns. There is no charge for the consultation. Please call us at (212) 233-6400 or contact us online.
