SEX AND GENDER DISCRIMINATION

We often brush off gender discrimination as something that would never happen in 2018. However, sex and gender discrimination is still very prevalent in today’s workplace. 42% of women in the United States have faced some type of gender discrimination on the job. Gender discrimination can even happen here in Knoxville and the East Tennessee area. But what is sex and gender discrimination? How do you know if you have been a victim of this type of discrimination?

What is Sex and Gender Discrimination?

Sex and gender discrimination is discrimination against an individual “because of sex,” which may include stereotypes about gender. The law generally prohibits gender discrimination when it comes to any aspect of employment, including hiring, firing, layoffs, etc.

What is Sex Discrimination Harassment?

It is against the law to harass a person because of that person’s sex. This can include any type of sexual favor, verbal or physical harassment, offensive remarks, or advances made towards a person. However, not every act of harassment is illegal, even if it is based on sex. Generally speaking, it must be severe or pervasive enough to alter the terms of the person’s employment.

How Can I Prove That I Have a Case?

A gender discrimination case usually consists of three parts. The employee must prove:
1.) That the employee is a member of the protected class (gender)
2.) That the employer took a materially adverse employment action against him/her
3.) That the employer would not have taken the action but for the employee’s gender

If you have specific questions about whether you have been the victim of sex discrimination, call East Tennessee Employment Law today at (865) 383-1053. For more general information, go the EEOC’s website, www.eeoc.gov, which has information about all types of employment discrimination, retaliation, and harassment.