Gender Discrimination

SEXISM IS AN IDEOLOGY that suggests one sex is inherently superior to the other. Such beliefs support gender prejudice (attitudes) and gender discrimination (actions that perpetuate differences in hiring, promotion, and pay). Sex discrimination exists in various forms, and women aren't always the victims: about 10 percent of complaints filed come from men.

Sex discrimination occurs when people are treated differently because of their gender. Examples of discrimination can involve pay disparity, hiring and firing, promotions, sexual harassment, and pregnancy.

Equality for American women made significant gains in the latter part of the 20th century, including legal pressure for equal pay for comparable work, greater access to traditionally male dominated jobs, and changes in the law to discourage sexual harassment. Men have also benefited from these laws. The following laws have reduced discrimination based on sex:

The 1963 Equal Pay Act (EPA) protects men and women performing essentially equal work in the same establishment from wage-based discrimination. The EPA covers all employers who are covered by the Federal Wage and Hour Law (the Fair Labor Standards Act). Virtually all employers are subject to the provisions of this act.

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, or national origin. Title VII covers all private employers, state and local governments, and education institutions that employ 15 or more individuals. These laws also cover private and public employment agencies, labor organizations, and joint labor management committees controlling trade apprenticeship and training. The Civil Rights Act of 1991 provides monetary damages in cases of intentional employment discrimination.

The U.S. Equal Employment Opportunity Commission (EEOC) is in charge of enforcing[Page 350] many of these laws. EEOC also provides oversight and coordination of all federal equal employment opportunity regulations, practices, and policies. Legally, it is up to employers to stop sex discrimination, explains Brad Seligman, anti-discrimination attorney. “Under federal law, there is no liability for a supervisor who discriminates, but a supervisor's conduct results in the employer being responsible. The buck stops with the employer. As a practical matter, employers who don't control discrimination in their workplace can face draconian consequences.” The sex discrimination suits Seligman has pursued “have netted victims $107 million from the Lucky store chain and $250 million from State Farm Insurance.”

Any individual who believes that his or her employment rights have been violated may file a charge of discrimination with EEOC. In addition, an individual, organization, or agency may file a charge on behalf of another person in order to protect the aggrieved person's identity. The “relief” or remedies available for employment discrimination, whether caused by intentional acts or by practices that have a discriminatory effect, may include: back pay, hiring, promotion, reinstatement, front pay, reasonable accommodation, or other actions that will make an individual “whole” (in the condition he would have been but for the discrimination). Remedies may include payment of attorneys' fees, expert witness fees, and court costs.

Gender discrimination against women may involve hiring and firing, promotions, sexual harassment, and pregnancy.

Under most EEOC-enforced laws, compensatory and punitive damages also may be available where intentional discrimination is found. Damages may be available to compensate for actual monetary losses, for future monetary losses, and for mental anguish and inconvenience. Punitive damages also may be available if an employer acted with malice or reckless indifference. Punitive damages are not available against the federal, state or local governments. More than 20,000 sex discrimination complaints per year were filed with the EEOC during the 1990s, not including charges made to state governments. Damages awarded through the EEOC totaled $81 million in 1999.

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