Sex Discrimination Practice
Definition of Sex Discrimination
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.
Your Rights at the Workplace
Under Title VII of the Civil Rights Act of 1964, employees, job applicants, and union members are protected from sex discrimination at the workplace and at the union hall.
Title VII applies to employers with 15 or more employees. Some state laws provide such protection to workers at companies with fewer employees.
Federal courts and agencies have recognized that existing sex discrimination bans also prohibit discrimination based on sexual orientation and gender identity.
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.
Under Title VII, as amended by the Pregnancy Discrimination Act (PDA), pregnancy discrimination is a form of unlawful sex discrimination.
Federal law forbids covered employers from harassing workers based on pregnancy, childbirth, or related conditions.
Your Rights After Childbirth
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.
Examples of Discrimination After Childbirth
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. 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. Employers may not discourage or prevent fathers from taking parental leave.
Hamed Law Can Help You Win a Sex Discrimination Claim
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.
Your Rights During Pregnancy
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.
Federal law forbids covered employers from harassing workers based on pregnancy, childbirth, or related conditions.
Your employer can’t fire you because you are pregnant and can’t make your job so miserable that quitting is the only option or that you are unable to do your job.
If you are looking for work, under most circumstances, a prospective employer cannot refuse to hire you because you are pregnant.
Title VII also, 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. Workers covered under the Family Medical Leave Act (FMLA) are entitled to 12 weeks of unpaid leave for pregnancy-related reasons. Your boss cannot require or pressure you to take FMLA leave or other time off just because you are pregnant.
The FMLA prohibits covered employers from treating you differently from other employees, whether you are on parental leave or have returned to work after giving birth.
You can use your accrued vacation or sick days for pregnancy- and childbirth-related reasons.
Examples of Pregnancy Discrimination
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.
Your Rights After Childbirth
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.
Under FMLA, you can use your accrued vacation or sick days for pregnancy- and childbirth-related reasons. Once you return to work, if you are covered under FMLA your employer must reinstate you to the same position you held prior to your pregnancy (or one of similar pay and level).
If you require absences for follow-ups with your doctor or to deal with childbirth-related medical issues, your employer should treat these absences the same as those of other temporarily-disabled employees.
Employers can offer a period of paid disability leave to employees who have given birth to recover from childbirth. But if your employer offers paid (or unpaid) parental leave for childcare purposes, the same amount of leave must be available for mothers and fathers.
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: (1) Reasonable break time for an employee to express breast milk for her nursing child for one year after the child’s birth; and (2) A place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk. If you complain about problems with accommodations for pumping, your employer must respond appropriately and fulfill its obligations to provide breaks and a private location to pump each time you need to pump. You can’t be retaliated against if you complain that your employer is not giving you the ability to pump or about the conditions for pumping.
Federal law forbids covered employers from treating workers worse than others or harassing them harassing workers based on pregnancy, childbirth, or related conditions, or because of gender stereotypes related to caregiving. That includes discriminating against you because you are breastfeeding or because you have just given birth, or because of your caregiving obligations.
Examples of Discrimination After Childbirth
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. 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. Employers may not discourage or prevent fathers from taking parental leave.
Hamed Law Can Help You Win a Sex Discrimination Claim
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.