Sex discrimination at work

Workplace gender discrimination comes in many different forms, but generally it means that an
employee or a job applicant is treated differently or less favorably because of their sex or gender,
or because the person is affiliated with an organization or group that is associated with a
particular sex or gender.  Even though the words “sex” and “gender” have different meanings,
laws against discrimination at work often use them interchangeably.

Sometimes workers experience discrimination because of their gender and something else, like
their race or ethnicity. For example, a woman of color may experience discrimination in the
workplace differently from a white female co-worker. She may be harassed, paid less, evaluated
more harshly, or passed over for promotion because of the combination of her sex and her race.

Some examples of treatment that could be gender discrimination include:

 not being hired, or being given a lower-paying position because of your sex (for example,
when an employer refuses to hire women, or only hires women for certain jobs)
 being held to different or higher standards, or being evaluated more harshly, because of
your sex, or because you don’t act or present yourself in a way that conforms to traditional ideas
of femininity or masculinity
o For example, if a worker who identifies as a woman receives a negative
performance evaluation that criticizes her for being too “aggressive” (while men who behave the
same way are praised for showing “leadership”), or if she wears her hair short and is told she
needs to be more “presentable,” she may be experiencing discrimination based on sex
stereotypes, which is a form of gender discrimination.
 being paid less than a person of a different sex who is similarly or less qualified than you,
or who has similar (or fewer) job duties than you
o If you think you are being paid less than someone of a different sex to do the
same job or substantially similar work, check out our Equal Pay Know Your Rights Guide.
 being denied a promotion, pay raise, or training opportunity that is given to people of
another sex who are equally or less qualified or eligible as you
 being written up or disciplined for something that other employees of a different sex do
all the time but never get punished for
 being insulted, called derogatory names or slurs because of your sex, or hearing hostile
remarks about people of a certain sex, gender, or gender identity
 being intentionally or repeatedly called by a name or referred to as a different gender that
you don’t identify with – as when a transgender man is called by his former (female-associated)
name or referred to as “Miss”
 being subject to unwelcome sexual advances, requests for sexual favors, or other verbal
or physical harassment of a sexual nature (If you think you’ve experienced sexual or gender-
based harassment, please see our Sexual Harassment Know Your Rights Guide.)
 being rejected for a job, forced out on leave, or given fewer assignments because you’re
pregnant
Not all gender discrimination is intentional or explicit. It could still count as discrimination if
your employer does something that ends up excluding or harming workers of a particular sex
without intending to. Oftentimes, a certain practice or policy — say, a hiring test or requirement
— does not say anything about gender, and may not have been put in place for the purpose of
keeping women out of certain jobs, but ends up having that effect. This kind of practice or policy
could still be considered “discriminatory,” and if you’ve been denied a job-related opportunity,
paid less, or lost your job (were fired) as a result of it, you might have a discrimination claim.

For workplace gender discrimination to be considered illegal, it has to involve treatment that
negatively affects the “terms or conditions” of your employment. Terms or conditions of
employment are all the responsibilities, rules, and benefits of a job. Most of the time, they are set
by an employer or negotiated by a worker and the employer at the time of hire. In unionized
workplaces, they are negotiated and agreed on as part of the “collective bargaining” process.
“Terms and conditions” include but are not limited to things like your job responsibilities, work
hours, dress code, vacation and sick days, starting salary, and performance evaluation standards.
My hope is that no woman has to go through what I went through in the mine.Hanna Hurst,
former ERA client

What are the laws?

Federal law (all states)

Generally, these federal laws apply only to employers with 15 or more employees, but your state
might have better laws that cover smaller employers.

 Gender discrimination is illegal.  Title VII of the Civil Rights Act of 1964 makes it
illegal for an employer to discriminate against you based on your sex, race, color, religion, or
national origin. It is also illegal for employers of 15 or more people to use any of the above
categories as a basis for paying you less, firing, not hiring, or discriminating against you in terms
of working conditions or “privileges of employment.”
o Title VII applies to employers. It is designed to make employers accountable for
providing work opportunities without discrimination. So this civil rights law does not give you a
right to sue an individual person – unless that individual is your employer.
 Retaliation is also illegal.  Title VII also makes it illegal for an employer to retaliate
against (punish) you for reporting or opposing gender discrimination, or participating in an
investigation or legal action related to discrimination. Examples of retaliation in the workplace
include being fired or demoted, receiving a pay cut or a reduction in your hours, being forced to
take leave, or being reassigned to an undesirable job, shift, or location. Retaliation can also be
subtle, build up, or get worse over time. Examples include being iced out by coworkers, no
longer being invited to meetings, or being left off communications you were formerly on.
California
 Many states have laws against discrimination that provide stronger protections and cover more
workers and employers than Title VII. In California, the Fair Employment and Housing Act
(FEHA):

 Applies to employers of five or more employees, not just to those with 15 or more, like
Title VII;
 Makes it illegal to discriminate against someone not only based on sex, but also based
on gender, gender identity, gender expression, or sexual orientation, among other things.
What are my rights?

You have the right to: 

1.  Work in a safe, discrimination-free environment. Your employer is required by law to

provide a safe working environment that is not “hostile” to you based on your sex or gender
identity.

2.  Talk about or speak out against gender discrimination at work, whether it’s happening
to you or to someone else. You can talk about discrimination that’s happening at work to
whoever you want, including your coworkers and your supervisor. You also have the right to tell
your employer (in a reasonable way) that you believe a company policy, practice, or manager is
discriminatory or engaging in discrimination. It is illegal for your employer to retaliate against
(punish) you for talking with coworkers about discrimination. Retaliation includes being fired,
demoted, cutting your pay, switching your shifts or duties, or any other action that has a negative
effect on you. If your employer retaliates, you could consider taking legal action.

 To explore your options with a legal advocate for free, apply for an appointment
using this form.
3.  Report the discriminatory behavior (or policy) to HR or your boss. Report to HR, your
boss, or someone else at your company who has power. We highly recommend submitting the
complaint or report in writing (by e-mail or letter) and making copies so you have proof later if
you need it. 

4.  File a grievance. If you are a member of a union, your contract (known as the “collective
bargaining agreement” or CBA) generally covers the “terms and conditions” of work. If you
believe you’re being treated unfairly or your employer isn’t following the contract, talk to your
union rep about filing a grievance. 

5.  Picket or protest against discrimination. In fact, when you get together with one or more of
your co-workers to raise concerns about your pay or working conditions, you’re engaging in
what’s “concerted activity,” which is legally protected by the National Labor Relations Act. 

6.  Make a copy of your personnel file. You can request to see your personnel file, which could
contain performance evaluations, your employment and pay history, and other useful information
that could be used as evidence if you decide to take legal action. Your HR department or union
representative should have information about how to get your personnel file for review. 
 7.  File a complaint or charge of discrimination with a government agency, such as the Equal
Employment Opportunity Commission (EEOC), or your state’s Fair Employment Practices
Agency — for example, in California, the Department of Fair Employment and Housing
(DFEH). You also have the right to tell your employer that you plan to file a charge, and they
cannot retaliate against you for doing so.

 Note: There are strict deadlines when filing charges with government agencies, called
“statutes of limitations.” The deadline to file one with the EEOC is either 180 or 300 days from
the “last act” of discrimination, depending on which state you’re in. For more information, see
the What Can I Do? section below.) 
8.  Sue (file a lawsuit against) your employer for discrimination.

 Note: This is only an option if you already filed a charge with the EEOC or your state’s
FEPA (see #7 above), and they gave you a “Right-to-Sue” Notice. Be aware that there are strict
deadlines about how many days you have after you receive that Notice to file a lawsuit in court.
o For more information on when you can sue, visit the EEOC’s website.
 If you’d like to discuss your options for potentially pursuing a lawsuit with one of our
legal advocates, apply using this form.
9.  Testify as a witness or participate in an investigation by the EEOC or other government
agency. Your employer can’t keep you from providing evidence, testifying at a hearing, or
communicating with a government agency that is looking into discrimination at your workplace.
Even if the investigation eventually finds that there was no discrimination, your participation is
still a protected right, meaning your employer can’t retaliate against you (punish you) for
cooperating.

 If you are fired or retaliated against (punished) for doing any of the above, it is illegal, and
you could take legal action against your employer/former employer. Retaliation includes being
demoted, cutting your pay, switching your shifts or duties, or any other action that has a negative
effect on you.

If your rights were violated and you’d like to speak to a legal advocate about your different
options for taking action, apply for free legal help using this form.
What can I do?

If you or someone you know is experiencing or experienced gender discrimination at work, here
are some actions you can take. Remember: It is normal to be worried about reporting
discrimination or taking other action to make the discrimination stop. Do what is right for you.
These are just examples of options you might want to consider.

1.  Review your employers’ policies. Most employers give you an Employment Manual or
Handbook when you start. Review this to find out what policies might be in place to protect you.
Look for policies about discrimination. Find out what your company’s complaint procedure is,
and pay close attention to deadlines. If there is no information about how to report or complain
about discrimination, see if there is a phone number for HR (Human Resources).
 2.  Write everything down.

 Write down in detail what happened and when it occurred, including anything you said or
did, and any witnesses or people that may have been involved in the decisions, policies, or
incidents. Include every example of discrimination you can remember. As new things happen,
write them down right away so you don’t forget any details.
 Keep notes about any conversations or meetings you had related to the discrimination,
including with HR, your supervisor, or the person making the discriminatory decisions or
comments. Record the time, date, and place of the meeting, and who was there. If you’re
comfortable doing so, ask any witnesses to write down what they heard or saw. Keep these
written accounts at home, on a personal email account, or in another safe place not related to
your work.
o Tip: Others may read these written records at some point. So it’s important to be
as objective as possible when writing down what happened. It is best to stick to the facts when
possible.
 If there are any relevant emails or messages, save and gather them in one place, at home,
on a personal email account, or in another safe place not related to your work. Save all emails
and messages you send to the person doing the discriminating, and those that you send to others
about the discrimination.
 Keep copies of any complaints you filed with your company, and any responses.
 Keep copies of any other documents related to the discrimination, and any responses.
 If you think your employer has retaliated against you, keep written notes of every action
that has happened, when, where, and any witnesses.
3.  Report concerns or complaints about discrimination to Human Resources (HR) or your
boss. This is also known as filing an internal complaint. We understand it’s not always possible
to feel safe or comfortable at work after talking to your supervisor or coworkers about
discrimination you’re experiencing. But we recommend reporting to someone at work who is in
a position of authority to either stop the discriminatory behavior or change the practice that is
affecting you.

 We recommend putting your complaint or concerns in writing, whether it’s by email

or letter. Be sure to keep copies of what you write — and any written responses you get back
from your employer — in a safe place outside of work, at home or on a personal email account.
 If you report verbally (in person or on the phone), we recommend taking notes about
the conversation and then sending a follow-up email or letter confirming what happened during
the conversation. For example:
o Dear [name of Supervisor or Human Resources Staff],
I’m writing to confirm that we met today, [date], to discuss the fact that I am being treated
unfairly and believe that I’m experiencing gender discrimination at work because of [the way
you’re being treated or an employer policy that’s negatively affecting you]. As we discussed, the
[unfair treatment/ discriminatory behavior] has included [description of what’s been happening],
and [began / has been affecting me since] [date]. You told me [description of employer’s
 response, including any promises or commitments made]. Thank you for taking the time to meet
with me about this issue. [Your name]”
 Note: Filing a complaint internally does not extend the deadline for filing a legal action
if you decide to do so later.
4.  Go to your union. If you have a union, you could talk to your union rep and ask about the
grievance process under your collective bargaining agreement. If that agreement covers
discrimination issues, you may be able to get the problem addressed that way.

 Important: Even if you file a grievance through your union about discrimination, you
still must file a complaint with a government agency before you file a lawsuit in federal or state
court Please see number 10 for more about deadlines.
5.  File a discrimination complaint with a government agency. If you think you may
eventually want to file a lawsuit in federal or state court, you must first file a formal complaint of
discrimination with the federal Equal Employment Opportunity Commission (EEOC) (Click here
to visit the EEOC’s website), or with your state’s fair employment agency. (Learn more
about filing a complaint in California.) 

6.  Pay attention to deadlines. In every state, you have to file a complaint with either the
EEOC or a state administrative agency that enforces anti-discrimination laws (often called a
“Fair Employment Practices Agency” or FEPA) and get a Right to Sue notice before you file a
lawsuit in court. The deadlines for filing a discrimination complaint under Title VII depend on
which state you’re in.