Gender discrimination occurs when an employer treats an employee or job applicant unfairly or unfavorably because of their sex, gender identity, pregnancy, or sexual orientation. Unfortunately, this issue remains prevalent in the modern workforce. Despite decades of progress, a Pew Research study indicated that the gender pay gap and perceived gender biases are still significant challenges.
According to the Equal Employment Opportunity Commission (EEOC), there were over 25,000 sex-based discrimination charges filed in the fiscal year 2023 alone. Identifying employee gender discrimination early can help you protect your career and your well-being. If you suspect you’re facing unfair treatment, the team at Weisberg Cummings, P.C. can help you understand your rights.
How to Recognize Gender Discrimination in the Workplace
Gender discrimination can take many forms, some obvious and others more subtle. It can often stem from unconscious bias affecting hiring or promotion decisions. Additionally, under federal law, the EEOC notes that pregnancy discrimination is also classified as a form of gender discrimination.
Examples of workplace gender discrimination include:
- Paying individuals differently for performing the same work based on their gender.
- Denying promotion, training or leadership opportunities to specific genders or pregnant individuals.
- Experiencing sexual harassment in the workplace, including unwanted advances or a hostile work environment.
However, it’s equally important to understand what does not constitute gender discrimination. The following situations are generally not considered discriminatory under the law:
- Lawful, performance-based discipline or terminations.
- Standardized dress codes applied equally to all employees.
- Seniority-based layoffs that happen to affect one gender more than the other.
- General personality conflicts with a manager that are unrelated to your sex or gender.
Who Must Follow Gender Discrimination Laws?
Employers are bound by both federal and state laws that prohibit gender discrimination. At the federal level, Title VII of the Civil Rights Act of 1964 applies to employers with 15 or more employees. Locally, Pennsylvania gender discrimination laws offer additional protections.
The Pennsylvania Human Relations Act (PHRA) applies to employers in the state with four or more employees, ensuring that even workers at smaller companies have avenues for legal recourse. Note that while the PHRA is a Pennsylvania state law, punitive damage caps based on company size fall under Title VII.
Our Gender Discrimination Consultation Process
At Weisberg Cummings, we understand that taking action against an employer can feel intimidating. However, consulting with an attorney should bring clarity, not stress. If you’re wondering whether you have a valid gender discrimination claim, we’ll walk you through the process step by step.
- Reaching out: Contact our office via phone or our online form to schedule a free, confidential consultation.
- The initial review: Speak with an attorney who will listen to your story, assess the details of your situation and explain whether you might have a claim.
- Gathering evidence: We will guide you on what documentation — such as emails, performance reviews or witness accounts — could be helpful to support your case.
- Legal assessment: We will clearly outline your potential legal pathways, which may include filing an EEOC or Pennsylvania Human Relations Commission (PHRC) claim or pursuing a civil lawsuit.
Why Work With a Gender Discrimination Lawyer at Weisberg Cummings, P.C.?
Facing discrimination is deeply personal. We understand that you need an advocate who provides more than just legal advice. At Weisberg Cummings, P.C., we prioritize compassionate representation, treating every individual with the respect and dignity they deserve. When you need answers from gender discrimination lawyers serving all of Pennsylvania, we are accessible and attentive. Our attorneys possess the high-level skills necessary to navigate complex employment laws, bringing proven legal strategies to even the most difficult cases. Our focus is on your future.
Protect Your Rights With Weisberg Cummings, P.C.
You do not have to endure unfair treatment or discrimination in the workplace. Contact us today at (855) 716-2367 to schedule a free, no-obligation consultation or fill out our form online.
