How To Deal With Gender Discrimination At Work?

As with other forms of discrimination in the workplace, gender discrimination can be so subtle that most women are unaware of its existence until the damage is done. Unlawful gender discrimination occurs when an employer treats an applicant or employee differently and less favorably because of his or her sex or gender, which may include treating an employee or an applicant differently based on sex stereotypes or because he or she does not conform to traditional notions of femininity or masculinity.

As noted by EqualRights.org, the following are examples of the most common types of gender and sex discrimination:

1. Hiring: You apply for a job as a sales executive. Although you have experience and excellent qualifications, you are not hired because some of the company’s long-time clients are more comfortable dealing with men.

2. Condition of Employment: You want to be a firefighter. The department is taking applicants, but the job description states that all candidates must be able to lift 100 pounds. You believe such a feat is not necessary to carry out the duties of a firefighter, and serves instead to keep women from applying.

3. Firing: You are told that you are laid off due to company cutbacks and reorganization. However, men in the same position and/or with less seniority keep their jobs.

4. Promotion: You work as a sales clerk at a retail store for ten years but have been repeatedly denied the opportunity to advance. Men with less experience, some of whom you trained and/or supervised, receive the promotions instead.

5. Job Classification: You work at a large shipping company where employees hold several different job classifications. You notice that most of the sorting jobs, which are low-paid and offer little opportunity for promotion, are held by women, while most of the better-paying office positions are held by men.

6. Benefits: You are required to use your sick and vacation leave to take time off for your pregnancy because your employer does not provide disability leave for pregnancy, but does provide such leave to employees with other temporarily disabling health conditions. A male coworker was on leave for six months because he had a heart attack and he was able to access the benefits under the disability plan. (For more information about your rights as a pregnant employee, see ERA’s brochure on Pregnant Workers’ Rights.)

7. Pay: You work your way up from the position of line cook to sous chef. After your promotion, a second sous chef is hired. He has similar training and work experience, but you find out that he is being paid more than you.

8. Sexual Harassment: Your boss is the vice president of the company. He repeatedly makes unwelcome comments about your body and routinely puts his arm around your waist when discussing work-related matters. You tell him his behavior makes you uncomfortable and ask him to stop. He says, “Maybe you are too uptight for this job. I probably should never have hired you.” You now are afraid of losing your job if you don’t “loosen up.”

9. Gender Identity: You apply and are hired for a position at a new company. Before beginning your job, you inform your employer that you are undergoing a gender transition and will presenting as a woman instead of as a man. Your new employer then informs you that the job is no longer available due to budget constraints. You later find out that another person was hired for the position.

10. Sex Stereotyping: You are a woman who works in the sales department of a major retail chain. You have short hair and dress in pants most days. Although you meet deadlines and sales quotas, you receive poor performance evaluations, which include comments about your lack of femininity and “aggressive” nature. Men with similar personality traits and equally or less impressive sales records to your own receive above average performance evaluations and are promoted more quickly.

As our intuition is on point 99 percent of the time, we, as women, know when something is not quite right in both our professional and personal lives. Much to our detriment, our desires to not rock the boat, and/or refrain from any perception of confrontation, we tend to internalize negative issues at work instead of being vocal. It is imperative that all women, when faced with gender discriminatory practices, strategize regarding the best way to handle the situation. The first step is, of course, recognizing exactly what is happening and coming up with a plan on how to deal with it based upon in-house human resources options, legal options, and your desire for a favorable outcome. Unfortunately, if you choose to speak up, you must be prepared for any backlash and/or antagonism that may come from doing so. Always figure out your best angle. Are you in “survival” mode, only seeking to make the company “powers that be” aware of the discrimination, yet passive enough to not seek legal recourse because you want to keep your job, or are you planning on pursuing all avenues of recourse to the furthest extent of the law that may cause you to lose your job?

It is important that women understand fully that there are options in place if discrimination is believed to have taken place. Additionally, as provided by EqualRights.org, here are a few tips and things to consider doing if you think your rights as an employee have been violated:

1. Write Down What Happened: As soon as you experience discrimination, make note of it. Write down dates, places, people, times, and possible witnesses to what happened. If possible, ask your co-workers or colleagues to write down what they saw or heard, especially if the same thing is happening to them. Remember that others may (and probably will) read this written record at some point. It is a good idea to keep the record at home or in some other safe place. Do not keep the record at work.

2. Report the Incident(s) or Problem(s) to Your Employer: Wherever possible, you should consider reporting the sex discrimination or retaliation that you believe you are experiencing to your employer. Review your personnel manual and/or speak to human resources officer to find out if your employer has any written policies or procedures for complaining about discrimination.

3. Keep A Paper Trail: When you report the discrimination to your employer, do it in writing. Describe the problem and how you want it resolved. This creates a written record of when you complained and what happened in response to it. Keep copies of everything you send and receive from your employer, including emails, text messages, and voicemails.

4. Involve Your Union: If you belong to a union, you may want to file a formal grievance through the union and try to get a shop steward or other union official to help you navigate the grievance process. Get a copy of your union’s grievance policy and your collective bargaining agreement to see if they discuss the problems you are experiencing. Keep in mind that if you use your union’s grievance procedure, you must still file a complaint with a government agency if you want to file a lawsuit in federal or state court.

5. Request to Review Your Personnel File: It is your right to see and make a copy of your personnel file. In certain states including California, you also have the right to get a copy of every employment-related document that you have signed.

6. File a Discrimination Complaint with a Government Agency: If you want to file a lawsuit in federal or state court, you must first file a formal complaint (or “charge”) of discrimination with the federal Equal Employment Opportunity Commission (EEOC) or your state’s fair employment agency (in California, this is the Department of Fair Employment and Housing). (See Resources section for contact information.) If you are a federal employee, follow federal guidelines on how to lodge a discrimination complaint. You can obtain these guidelines from the Federal Labor Relations Authority at http://www.flra.gov/contact or (202) 218-7770.

7. Do Not Miss Deadlines with the EEOC or Other Government Agencies: Do not delay in filing a complaint against your employer with the appropriate state or federal agency! If you feel that your employer’s internal process for dealing with the discrimination will not or did not help you, do not wait to file a formal external complaint. This is very important. You cannot bring a lawsuit against your employer unless you have first filed a complaint of discrimination with the EEOC or your state fair employment agency. Under federal law (Title VII), you have 300 days from an act of discrimination to file a formal charge of discrimination with the EEOC. Under your state’s fair employment law, you may have as few as 180 days to file a charge. If you are a public employee, you may also have to adhere to notice requirements for filing suit against a public entity. Filing deadlines vary from state to state, so it is important to check with the EEOC or a legal organization to find out the time limits. It is important to note that any  internal complaints you make to your employer will not extend these deadlines. Call Equal Rights Advocates or a lawyer to find out what you need to do and when.

8. File a Lawsuit: Most laws that prohibit sex discrimination do not allow you to go straight to court; generally, you  have to file a formal discrimination charge with a federal or state agency before you can file a lawsuit in court.  However, you may want to consider early on whether filing a lawsuit is something you would be willing to do. The remedies or relief you can seek in a lawsuit will vary, but may include money damages, getting your job back (if you’ve been fired or forced out on leave), and/or making your employer change its practices to prevent future  discrimination from occurring.