Thursday, October 28, 2010

Defense against Sex Discrimination

The protection against discrimination of employees is an essential part of Title VII of the Civil Rights Act of 1964. This act prohibits employment discrimination based on race, color, religion, sex or national origin.

Under the law, it is illegal for an employer to discriminate employees based on gender, in any facet such as:

Recruitment

Job advertisements

Use of company equipment and facilities

Hiring

Promotion

Termination

Fringe benefits

Privilege of employment

Compensation of employees

Pay, retirement plans and disability leave

Other employment-related conditions

Sex discrimination may come in two ways:

1. Unequal treatment discrimination - This is when an employer treats his employers differently and unfairly because of gender.

2. Unequal impact discrimination - This happens when an employer implemented rules that are unfavorable to one gender. Unless those policies do not recount to a bona fide occupational qualification, it is considered as sex

discrimination.

Points to Ponder

Pregnancy Discrimination

There are employers who do not hire a pregnant woman merely because they have doubts that she cannot do her job well or might not take her position seriously.

This may be considered as an act of discrimination. Note that, pregnancy, childbirth or other medical-related situation must be treated equally and fairly just like other impermanent illnesses.

Equal Pay Act

There are employers who do not give equal payment to his employees, which sometimes are based on gender. Say, men are granted with higher wages than women are.

However, according to Equal Pay Act (EPA) of 1963, employees must be paid with same amount for equal work and performance under same conditions.

EPA protects both men and women who perform considerably equal work in the same institution or company from gender-based wage discrimination.

Raising a claim against the employer

You should be aware that if you experienced being discriminated and gender has been the basis, you could have possible discrimination claims.

Civil Rights Act of 1991

This act provides monetary damages in cases of intended employment discrimination.

Any act of discrimination is illegal. You should be aware that, regardless of the gender, you should be treated equally and must be paid fairly.

Once you became a victim of sex discrimination, you have the right to file a discrimination claim against your potential employer. And if proven that you were discriminated intentionally, you will be provided with financial

damages.

On the other hand, it is advised for you to hire attorneys who would represent your legal claims. And your first consideration must be an attorney who is expert in handling sex discrimination cases.

How will an attorney help you?

Men and women must have an equal and fair treatment in the workplace. If your potential employer has discriminated you in anyway based on gender, your attorney will help to find out what you can do.

Attorneys who have expertise in sex discrimination cases will help to solve and provide remedy to your case. With attorneys at your side, your claim will surely be a win-win case.

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