Overview
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.
Two Most Common Forms of Sex and Gender Discrimination:
Disparate Treatment
occurs when an employer intentionally treats an employee or applicant differently because of their sex or gender.
Disparate Impact
occurs when a neutral policy or practice disproportionately disadvantages employees of a particular sex or gender, and the policy is not job-related or consistent with business necessity, or there is a less discriminatory alternative that the employer refuses to adopt.
Additional Types of Sex and Gender Discrimination
Equal Pay Discrimination
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. 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.”
Bias in Promotions & Opportunities
Gender bias in promotions and opportunities is another form of discrimination commonly faced by employees. 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 prohibits employers from discriminating based on sex in this way, and the New Jersey Law Against Discrimination (NJLAD) similarly prohibits discrimination in any job-related action, including recruitment, interviewing, hiring, promotions, discharge, compensation, and the terms, conditions, and privileges of employment.
Pregnancy-Related Discrimination
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.
Gender Identity & Expression Discrimination
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. New Jersey has been a leader in this area, with the NJLAD prohibiting discrimination based on gender identity and expression.
Taking Action
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.
