Federal law involving sex discrimination in the workplace protects you from more than unlawful termination of employment. Many cases and instances of discrimination take place without the person knowing legal action can be taken. Here are a few examples to help you better understand ways in which you are protected.
Under sex discrimination laws “harassment” is illegal. Unwelcome sexual advances, offensive remarks, and requests of sexual favors are all categorized as harassment. The harasser’s gender does not have to differ from the victim. The harasser does not have to be your supervisor or manager. You are protected from harassment that isn’t sexual in nature.
Sex discrimination involving maternity is very common and could be the most misunderstood. In the cases of a pregnancy, an employer is legally obligated to grant both the woman and the man a leave of absence. Termination of employment upon return from a maternity related leave of absence should be treated as suspect and immediate legal council from an experienced civil litigator should be sought.
Pay, job assignments, training, and promotions should be available on an equal basis to the employee regardless of gender. Employers may claim opportunities are withheld to protect an employee of a certain gender. In many cases an employer’s “protection” based on gender has actually harmed an employee’s capacity to be promoted.
There are many other instances of sex discrimination in the work space not covered in this writing. Do not hesitate to reach out to legal counsel if you feel you are being discriminated against. In certain cases a charge cannot be filed after as few as 45 days of the incident. Contact the Law Offices of Daniel J. Brazil to request legal counsel.