Los Angeles Gender Discrimination Attorney

Gender Discrimination

Discrimination based on a person's sex has a long history in the United States. Even today, the residual effects are still seen in women's lower salaries and fewer opportunities for women in the employment realm. Gender discrimination is the unequal treatment of people based on gender. Men as well can be the victims of unlawful sex discrimination. It can be seen in unequal pay, discriminatory job standards, and a failure to gain a promotion.

In order for treatment of employees to be considered discrimination, the differences must be not only different but also unequal and, therefore, unfair. For example, a workplace standard that requires men and women to use separate bathrooms is not a gender discrimination problem for an employee. If the working conditions or hiring policies for women and men were different, then it would be a problem. A unique form of gender discrimination is sexual harassment.

In the early 1960s, the United States Congress passed the Civil Rights Act of 1964. This Act set about a set of laws that prohibited workplace discrimination not only based on race but also on gender. The same rules that apply for racial discrimination apply for gender discrimination. Title VII once again makes it illegal for an employer to fail or to refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his or her compensation, terms, or privileges of employment because of such individual's sex or gender.

The Equal Pay Act of 1963 also sought to eliminate workplace discrimination. This Act requires that men and women be paid equal amounts for equal work in the same establishment. The jobs that each individual is performing do not need to be identical but they do need to be substantially equal. Title VII of the Civil Rights Act of 1964 also includes this requirement; however, in Title VII, the jobs do not need to be "substantially equal" or even in the same establishment.

In addition to providing protections to people, these acts make it unlawful to retaliate against an individual who opposes discriminatory practices or for any action that expresses their opposition such as participating in any way in an investigation, proceeding, or litigation.

Another unique form of gender discrimination is pregnancy discrimination. To combat this, Congress, in 1978, passed the Pregnancy Discrimination Act. This Act amends Title VII of the Civil Rights Act and expands the protections for people. It expands the definitions of "because of sex" and "on the basis of sex" to include because of or on the basis of pregnancy, childbirth, or related medical conditions. It also stipulates that women who are affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related benefits.

As this Act followed the Roe v. Wade decision of 1973, Congress was sure to include information for employers concerning abortions. Basically, the health insurance plans that are paid for (at least in part) by the employer do not have to pay for abortions except for where the life of the mother would be endangered if the fetus were carried to term. Also, the employer is not required to pay for health insurance benefits where medical complications have arisen from an abortion.

As with any area of the law, contacting an experienced attorney is a must. The Los Angeles Employment Lawyer Perry Smith can help you determine if you have a case and then will help you win your case.