What is Gender Discrimination?
(or “Sexual Discrimination”)

 

Gender discrimination is treating an employee or employees differently because of their gender. Whenever this discrimination affects the "terms or conditions of employment", it is illegal.

 

"Terms or conditions of employment” means just about anything relating to someone's job: their position, pay, title, hours, vacations, most everything is a term or condition of employment. Whether or not a person is hired is also considered a term or condition of employment. It is unlawful to terminate an employee because of their gender.

 

There are two types of gender discrimination: "disparate treatment” and “disparate impact". Disparate treatment is straightforward discrimination. Simply put, it is treating a person differently because of his or her sex. Disparate Impact discrimination is more complicated. "Disparate Impact" is where some type of company policy excluded a certain individuals from the job or from promotions. The policy wasn't designed to exclude them; that was just the unfortunate result. It is also illegal to make employment decisions based on stereotypes regarding gender.

Frequently employers expect women to have certain duties, such as caring for children. In one case, an employer did not hire women with preschool-age children, while at the same time it did hire men with preschool-age children. Even though most of the people it hired were women, there was still discrimination. The employer didn't think women with young children should be working outside the home. The employer is entitled to this belief. But he couldn't let it affect his employment decisions. When his beliefs did influence his hiring decisions, he broke the law.

 

The Law Firm of David A. Young, LLC represents executives and employees who have been discriminated against based upon their gender throughout the State of Ohio. Attorney David Young has been certified by the Ohio State Bar Association as a Specialist in the area of Labor and Employment Law. Attorney Young has also been recognized as a Super Lawyer in the State of Ohio for the years 2009 through 2013.

 

If you feel your rights under the Equal Pay Act have been violated, The Law Firm of David A. Young, LLC provides a free, no-obligation consultation.