A workplace where everyone is thought of as an equal team member is the ideal situation for many employees and managers. Where men and women of all backgrounds are accepted for who they are and their contributions and input—a forward-thinking company where everyone looks forward to what the new day brings.
It’s the reality for many working people throughout the US who are fortunate enough to find this kind of employment. But other workers and managers haven’t seen that ideal yet, and are working in unfair and possibly hostile environments where they feel helpless and don’t know what to do.Most people think of sexual harassment of women as gender-based harassment. However, sexual harassment is just one part of gender-based harassment or discrimination, which can happen to either men or women. Some forms are apparent, such as crude and sexually suggestive humor. Other types may go on for years before it’s discovered, such as denying women (or other groups) promotion opportunities. Frequently, gender-based discrimination involves pay disparity as well as discrimination for pregnancy.
Breaking Down Gender-Based Harassment And Discrimination
Any discriminatory act or harassment that is based solely on someone’s gender is included. While sexual harassment can be gender-based discrimination, there is more to it, including:
- Pay disparity
- Promotions that favor one group over another
- A work environment that includes:
- Insensitive or offensive comments or jokes about a person’s gender or condition (including pregnancy)
- Display of sexually suggestive images in the workplace
- Improper or unwelcome sexual advances
- Inappropriate, unwanted or aggressive physical contact
- Sexual comments and innuendo that are unwelcomed
- Frequent discussions of sexual activity
Most companies have a system in place to report these types of activities. It may take just telling the individual in question to cease his or her behavior. If the activity continues, it may take filing a complaint to put a stop to it.An environment where these behaviors are tolerated is considered a hostile work environment. To prove the hostile work environment, it is generally up to the employee to keep accurate written records of communications and complaints of the environment to HR, as well as documentation of events that occur. This will create a timeline that demonstrates the development of harassment, and the encouragement or apathy of management toward the behavior.
Protections Under The Law
Three federal laws protect people from discrimination, including gender-based:
- Title VII of the Civil Rights Act of 1964
- The Equal Pay Act
- The Pregnancy Discrimination Act of 1978
The Pregnancy Discrimination Act of 1978 prohibits explicitly sex discrimination based on pregnancy, childbirth, or medical conditions related to pregnancy/childbirth. Pregnant women are required to be treated the same as any other employee with a medical condition regarding benefits, including healthcare, who are affected as any other employee with any situation that prevents them from working or limits their ability to work for a short time.Additionally, The Americans With Disabilities Act (ADA) prohibits discrimination against disabled workers by companies with more than 15 employees. Gestational diabetes, preeclampsia, and other pregnancy-related conditions are treated as disabilities under the law. FMLA provides 12 weeks of guaranteed but unpaid leave for pregnancy and childbirth. An employee cannot be fired, harassed, or denied a promotion based on pregnancy. Pregnant employees can also not be denied assistance, such as being excused from a lifting requirement or additional break periods.
Missouri’s Human Rights Act (MHRA)
In addition to federal protections, Missouri also has state-level legal protection. The Missouri Human Rights Act applies to companies with more than six employees, including temporary and contract employment agencies. While the MHRA has a broader reach and also offers additional legal protection against discrimination for:
- Housing, including:
- Landlords
- Lenders
- Eviction
- Purchase or rental of a dwelling
- Employment, including:
- Hiring
- Firing
- Job training
- Promotion
- Benefits
- “Any other term, condition, or privilege of employment.”
- Businesses that offer goods or services to the public (including state and local governments)
Pregnancy-based discrimination includes pregnancy, childbirth, and other associated medical conditions.
Gender Discrimination At Work? Call the Employee Rights Attorneys at KC’s Popham Law
If you’ve been wrongfully terminated, experienced discrimination, gender-based harassment or retaliation, or other acts of illegal activity at work, you may be able to take action against an employer. Popham Law has helped hundreds of employees who have been mistreated at the hands of an employer.For a free consultation with the KC employment attorneys at Popham Law, contact our law office today at (844) 243-2288.
