SEX DISCRIMINATION

Sex Discrimination

Title VII of the Civil Rights Act prohibits employers of more than 15 employees from discriminating against employees and applicants because of sex with regard to hiring, firing, pay, job assignments, promotions, layoffs, training, benefits and other terms and conditions of employment. Sex discrimination is the unfavorable treatment of an individual because of sex, sexual orientation, gender identity or expression, sex stereotypes, pregnancy or pregnancy-related condition.

Sexual orientation refers to an attraction to members of the same sex, opposite sex, somewhere in between, or none at all. Gender identity refers to one’s self identification as a male, female, somewhere in between, or no gender at all. Sex stereotypes are preconceived ideas about certain groups based on sex and/or gender.

Examples of Sex Discrimination:

  • Biased Hiring Practices. Demonstrated preference for hiring individuals of one sex, regardless of qualifications.
  • Disparity in Job Roles. Excluding members of one sex from higher paying professional and managerial positions regardless of qualifications.
  • Unfair Promotional Decisions. Promoting members of one sex, regardless of qualifications.
  • Inequitable Performance Reviews. Unfairly evaluating performance of women versus men.
  • Unequal Pay. Paying men and women differently, regardless of qualifications & performance.
  • Gender-Based Codes. Requiring members of one sex to comply with work rules, while not doing so for the opposite sex.
  • Harassment. Unwelcome conduct based on an employee’s sex that affects the employee’s work conditions.

Even if a company has a written policy for its employees, its actual policy is determined by how consistently it enforces its terms and conditions of employment amongst its employees.

The Equal Pay Act of 1963 (EPA), amends the Fair Labor Standards Act, attempts to abolish the discriminatory wage gap between men and women. Specifically, employers are prohibited from paying lower wages to the opposite sex for equal work on jobs that require equal skill, effort, and responsibility under similar working conditions. This covers all types of pay, including salary, overtime, bonuses, stock options, profit sharing and bonus plans, life insurance, vacation and holiday pay, allowances, travel reimbursement and benefits. Discrimination based on sex with regard to pay and benefits is also prohibited by Title VII of the Civil Rights Act.

Under Title VII and the Equal Pay Act, private sector employees must file a charge with the Equal Employment Opportunity Commission (EEOC) within 180 calendar days of a discriminatory action. You will forfeit important legal rights if you do not file a timely charge with the EEOC. If you’ve already missed a deadline, call to discuss your options.

If you’ve been subjected to sex discrimination, contact Rich Daugherty. He will fight to protect your rights.

Whether your employment has been wrongfully terminated, you’re in fear of losing your job unlawfully, or you’re stuck in an untenable situation, contact Rich. He will be by your side every step of the way to reach a fair resolution of your case. In addition to litigating cases, Rich has negotiated confidential severance agreements favorable to his clients.

Rich offers a one-on-one relationship with his clients. When you contact his office, you will speak directly with him.

You can arrange for an initial phone conference at no charge.

Rich represents clients from across North Carolina, including Raleigh, Durham, Wilmington, Greensboro, Winston-Salem, Charlotte, and more. He is available to meet with prospective clients outside of Chapel Hill when circumstances permit. Evening appointments are also available.

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