Gender Discrimination
What is gender or sex-based discrimination?
Gender or sex-based discrimination involves treating someone unfavorably because of that person’s sex, including the person’s sexual orientation, or gender identity (including transgender status).
Read MoreIf 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 MoreWhat 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?
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
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.
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