Sex discrimination occurs when you are treated less favorably because of your sex, which includes sexual orientation, gender identity or expression, pregnancy or lactation, or a sex stereotype. Seemingly neutral policies or procedures may also amount to sex discrimination when they have a significant negative impact on you because of your sex.
Title VII of the Civil Rights Act of 1964 protects employees, job applicants, and union members from sex discrimination, as well as prohibits discrimination based on sexual orientation and gender identity, in the workplace and the union hall within companies of 15 or more employees. Some state laws provide similar protections for organizations with fewer than 15 employees.
Federal courts and agencies have recognized that existing sex discrimination bans also prohibit discrimination based on sexual orientation and gender identity.
Under Title VII, as amended by the Pregnancy Discrimination Act (PDA), pregnancy discrimination is a form of unlawful sex discrimination. Harassment based on you being pregnant or breastfeeding is a form of unlawful harassment. Employers governed by federal civil rights law cannot treat you differently from other employees because you are pregnant. Most states have laws prohibiting pregnancy discrimination, too.
Title VII, as amended by the PDA, requires covered employers to treat pregnant workers the same way they treat other workers “similar in their ability or inability to work” when it comes to benefits like health coverage, disability benefits, or job modifications like “light duty” if necessary for a healthy pregnancy. You are legally entitled to work as long as you are willing and physically able.
It is unlawful for an employer to fire you, retaliate against you, or refuse to hire you because of your pregnancy. It is also unlawful for anyone to direct derogatory comments, jokes, gestures, or pictures at you that are related to being pregnant. An employer violates your rights when they fail to investigate and take action after you report any harassment.
Workers covered under the Family Medical Leave Act (FMLA) are entitled to 12 weeks of unpaid leave for pregnancy-related reasons, including for prenatal visits, recovery from childbirth, or to care for your spouse or a new child. Other state laws may offer greater protections.
Hourly workers covered by the Fair Labor Standards Act have the right to pump on the job. Under the Affordable Care Act, nursing women are entitled to reasonable break time and a private space (other than a bathroom) to express breast milk for one year after the child’s birth.
It is unlawful for an employer to deny you a promotion, demote you, or refuse to reinstate your position because of your caregiving responsibilities. You are entitled to take breaks or have a private location for pumping breast milk. Employers may not discourage or prevent fathers from taking parental leave.
Our firm is one of very few plaintiff-side public interest firms with a record of success in sex discrimination claims. We know how to pursue landlords, employers, school administrators, and others who violate your civil rights.
If you believe your civil rights, or someone else’s, have been violated, contact Hamed Law now to speak to a sex discrimination attorney and find out if you may have an actionable claim. Hamed Law is a national law firm headquartered in Washington, D.C.
Civil liberties are inherent freedoms, some of which are enumerated in the U.S. Constitution. Civil rights protect from unfair discrimination based on characteristics, such as race, disability, color, gender, national origin, etc.
U.S. laws guarantee the rights of noncitizens who deserve freedom from tyranny and injustice, including the right to due process and equal protection under the law.
Due process is the promise of fair treatment when dealing with government agencies and the judicial system.
The Fourteenth Amendment of the U.S. Constitution includes an Equal Protection Clause, which guarantees governing bodies enforce impartiality and treat all persons and people in similar circumstances fairly.
An immutable characteristic is a trait that is unchangeable, deeply entrenched, and/or innate, such as ethnicity, gender, and disability.
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