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McOmber McOmber & Luber, P.C.

Business & Employment Lawyers Red Bank & Marlton New Jersey

732-842-6501
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What is gender or sex-based discrimination?

Gender or sex-based discrimination is when someone treats another unfavorably because of that person’s sex, sexual orientation, or gender identity (including transgender status). Title VII of the Civil Rights Act is the federal law that protects employees from workplace discrimination and prohibits discrimination in hiring, firing, pay job assignments, promotions, layoffs, training, and benefits.

It is also unlawful to harass someone in the workplace due to that person’s sex, sexual orientation, gender identity or pregnancy. Harassment can include unwelcome sexual advances, requests for sexual favors, obscene language, demeaning comments, unwanted touching, or visual harassment such as displaying pornographic images, cartoons or drawings. Minor teasing, offhand comments or isolated incidents that are not frequent or serious may not be considered harassment. However, when the conduct is so severe or pervasive, a hostile work environment arises and an employer is required to take reasonable steps to stop the offending conduct.

Related FAQs

  • If an Employer Provides Flexible Working Accommodations to Employees with Children During the Pandemic, are There Sex Discrimination Issues?

    Not necessarily. An employer may provide telework, modified schedules, or other benefits to employees with children without running into sex discrimination issues. Employers may provide flexible working accommodations as long as they are not treating employees differently based on sex or other protected characteristics. By way of example, female employees cannot be given more favorable treatment than their male counterparts based on a gender-based assumption about who has caretaking responsibilities for children.

    Read More
  • What Does President Biden’s Executive Order on Enabling All Qualified Americans to Serve Their Country in Uniform Do?

    The order explicitly declares that gender identity is not a bar to military service. Additionally, it officially revokes President Trump’s Presidential Memorandum on Military Service by Transgender Individuals.

  • What Is Considered Gender Discrimination In New Jersey?

    In New Jersey, gender discrimination in the workplace can take many forms and can occur between an employee and an employer, coworker, or client, even if they are the same gender as the employee. Common examples of this type of harassment include the following actions based on gender:

    • Termination or Demotion
    • Failure to Recruit or Hire
    • Differential Treatment or Pay
    • Withholding Training, Promotions or Career Advancement
    • Being Subjected to Harassment or Increased Scrutiny
    • The Existence of a Hostile Work Environment with Severe and Pervasive Harassment
    • Terminating or Disciplining an Employee in Retaliation for Making a Complaint

    Read More
  • Can I be Paid Less Because I’m a Woman?

    You cannot be paid less solely because you are a woman. This is a form of gender discrimination and this is unlawful and illegal in New Jersey.

    Gender discrimination is an employer’s unfair treatment of an employee or applicant based solely on the individual’s sex as it relates to hiring, benefits, terminations, or promotions.

    Read More

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Red Bank Office

  • 54 Shrewsbury Avenue, Red Bank, NJ 07701
    732.842.6500
    732.530.8545

Marlton Office

  • 50 Lake Center Drive Suite 400, Marlton, NJ 08053
    856.985.9800
    856.263.2450

Newark Office

  • 60 Park Place Suite 307, Newark, NJ 07102
    973.878.9040
    973.310.5216

New York Office

  • 11 Broadway, Suite 615 New York, NY 10004
    929.566.1300

Philadelphia Office

  • 1650 Market Street, Suite 3600 - No. 973 Philadelphia, PA 19103
    267.777.7800

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McOmber McOmber & Luber, P.C.

McOmber McOmber & Luber, P.C. is focused on delivering exceptional representation and responsive client service. We tailor innovative and cost-effective solutions for each matter we handle.

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