SEX DISCRIMINATION IN THE WORKPLACE
Sex discrimination is the Act of treating someone differently or unfavourably because of their sex. Discrimination in the workplace can take place in any stage of employment, including recruiting, training, giving promotions, job classification and assignments, benefits and allowances or firing. The Civil Act of 1964 (Title VII), prohibits employers from discriminating any individual because of his or her sex during any stage or condition of an employment contract. Both men and women can be victims of sex discrimination in the workplace.
Acts that may constitute workplace sex discrimination
Failing to hire a person who is qualified for a job and has met all other requirements, based on their sex is considered discriminatory. If the opposite sex is given the same position with fewer qualifications and skills, then one has been discriminated based on their sex, which is both unethical and illegal. Sex discrimination can also be experienced in giving promotions at workplace. For example, a woman may fail to be promoted to a senior position in the workplace because of her gender, and instead, the position is filled by a less qualified man. One can also be a victim of sex discrimination when he/she is fired because of their gender while individuals of the opposite sex in the same position keep their jobs (Eskridge, 2017). The ‘glass ceiling’ policy is another classic example of sex discrimination in the workplace.
Paying employees with similar training, qualifications, skills, and position differently based on their sex is also an act of workplace sex discrimination. Sex discrimination may also entail placing particular sex in a favourable job classification at the expense of the other sex (Hersch, 2015). For instance, putting a man in a better client position, for example, in a salesperson job, so that he may earn more commission than his female counterparts. Sex discrimination can also be experienced when one is denied certain benefits or allowances in the workplace because of their sex. For example, an organization’s health insurance policy may not cover one’s spouse especially if she is a woman, while her male counterparts in the same position have their wives covered by the same insurance policy.
Sex discrimination can also be indirect during hiring or job classification. Assuming that particular sex cannot handle a given task is an indirect act of discrimination based on sex. For example, when a woman applies for some jobs like a bus driver, an employer may not consider her since many employers believe that men are in more competent in bus driver jobs.
Discrimination based on sex can also be experienced in job interviews. Women are often asked different questions like if they have kids, if they are pregnant, or plan to have children soon. Such questions are discriminatory in that; an employer predicts the potential of an individual to undertake some tasks because of their sex (Hersch, 2015). Other employers may not hire pregnant women because they may need to take maternity leave. Hiring or firing on these bases is an act of sex discrimination, and it is illegal and unethical. A man can also experience sex discrimination in some fields like female cosmetics industries because many cosmetic companies prefer women over men to do some jobs like an advertisement.
However, the Equal Opportunity Act 2010 gives some exceptions, meaning that some forms of sex discrimination may not be illegal in certain circumstances. When it is an occupational requirement to hire a particular gender for purposes of maintaining decency and privacy, then sex discrimination might be acceptable. For instance, in searching people of different genders or their clothing, in changing rooms and toilets, men may be discriminated in circumstances where the organization deals with female clients. In such cases, employers cannot be liable to acts of sex discrimination.
Another exception is when an organization or a company is taking decisive action to increase the representation of a particular sex in the organization. For example, a job advert might encourage women to apply more, not for purposes of discrimination but to increase the representation of women in that field, especially if it is male-dominated. Some other instances might be in competitive sports. Women can be separated from men because differences in physical strength and stamina can make the competition unfair.
In some situations, a company or organization might legally provide one-sex services and be in a position to justify it. For instance, an organization might offer women-only support services to female victims of domestic violence because the service is not in much demand for men. Some religious organizations might sometimes limit some positions for some genders for religious purposes. For example, catholic nuns are restricted to women only while priesthood is men’s position.
Laws covering sex discrimination
Many states have established rules which make sex discrimination illegal. Title VII of the Civil Rights Act of 1964 makes discrimination based on sex unlawful. Employers are prohibited from discriminating individuals based on their sex when they are recruiting, giving promotion, benefits, firing or other conditions of employment (Eskridge, 2017). The Equality Act 2010 also prohibits discrimination based on the sex on a person. The Equality Act says that a person should not be treated differently or unfavourably because they belong to a particular sex. An organization should avoid hiring, training, firing, giving benefits, allowances, or promotion to particular sex at the expense of the other.
Title VII of the Civil Rights Act 1964 and the Equality Act 2010 covers all state governments, private employers, or educational institutions which hire fifteen or more employees. The laws also cover public and private employment organizations and labour agencies. The laws also cover current employees and those that are applying for jobs in various organizations.
The Equal Pay Act (EPA) also prohibits sex discrimination in compensation, payment of salaries, bonuses, benefits, and allowances. Both men and women are required to be equally compensated for equal work done in a similar position. The EPA requires employers to pay individuals of all sex equally for performing related tasks under the same working conditions, skills, and responsibilities without discrimination. The Equal Employment Opportunity Commission enforces the Equal Pay Act and Title VII.
The Pregnancy Discrimination Act (PDA) also prohibits the discrimination of women based on pregnancy and childbirth. The Act states that discriminating an individual based on pregnancy can be regarded as sex discrimination. The law considers pregnancy as a temporary disability. Title VII requires that pregnant women be treated the same way as other individuals who are temporarily disabled or sick (Eskridge, 2017). Pregnant employees or new mothers who are temporarily disabled physically the same benefits given to other employees with other forms of temporary disabilities.
What to do in case one has been discriminated based on sex
When a person feels that he/she has been discriminated based on sex, one is advised to report to their supervisors, HR, or file a grievance if one is a member of a union or protest. A person can also file a charge of sex discrimination with state agencies like the Equal Employment Opportunity Commission. However, an employee should speak to the employer before involving external parties. An employee can report claims of discrimination to the HR or manager in writing, outlining the company rules, practices, or policies which the employee feels that they are discriminatory.
The National Labour Relations Act also gives employees the freedom to protest or picket if they feel that their working conditions are discriminatory or unfavourable. Two or more employees can jointly air their concerns to their employer, especially when the employer is not willing to settle the issues amicably. One can also file a complaint with the Equal Employment Opportunity Commission (EEOC) or with the Fair Employment Practices Agency in the state where one works (Ruthergien, 2016). However, with the EEOC, one can only file a complaint within 180 to 300 days after the discriminatory Act was done.
One can also file a lawsuit against his/her employer. However, before one can sue the employer, he/she has to lodge a complaint with the EEOC, which will give you a ‘right-to-sue notice. An employer has to right to retaliate against any employee, who files a charge with the Equal Employment Opportunity Commission, the Fair Employment Practices Agency, or a lawsuit in the court. Retaliation may involve being laid off, cutting employee’s wages, being demoted, switching of duties or any action which violates the employment contract and negatively affects the employee. Retaliation against an employee may attract legal actions against the employer either by the court, union, or the federal and state laws which protect employees’ rights.
In conclusion, sex discrimination in the workplace involves being treated unfavourably or differently based on one’s sex either during employment or job application. Discrimination can take place in any stage of employment of job application. For instance, one can experience sex discrimination during recruitment, interview, promotion, firing, giving benefits, salaries, or allowances, and job allocation and classification. Both men and women experience discrimination in workplaces. Title VII of the Civil Rights Act 1964, the Equality Act, Pregnancy Discrimination Act, the Equal Pay Act, among other Acts and laws, protect employees against sex discrimination in the workplace. One can file a complaint or lawsuit against his/her employer if they feel that they have been discriminated based on their sex.
References
Eskridge Jr, W. N. (2017). Title VII’s Statutory History and the Sex Discrimination Argument for LGBT Workplace Protections. Yale LJ, 127, 322.
Hersch, J. (2015). Sexual harassment in the workplace. IZA World of Labor.
Ruthergien, G. (2016). Employment Discrimination Law, Visions of Equality in Theory and Doctrine. West Academic.