Find the Right Gender Discrimination Attorneys

One of the more common forms of employment discrimination is gender discrimination. Sad to say, gender discrimination is still quite widespread, even though there are many federal and state laws that make it illegal. Gender discrimination is generally defined as any negative treatment in the workplace that would not have occurred if the person were of the opposite sex.

Gender discrimination is sometimes considered to be a subcategory of sex discrimination, as there are technical and academic differences between the word "sex" and "gender". However, in an employment discrimination context, the two words generally mean the same thing. Some, but not all states also include sexual orientation and gender identity under sex discrimination laws.

LegalMatch Law Library Managing Editor, , Attorney at Law

Finding the Right Gender Discrimination Attorneys

There are two main concerns when it comes to gender discrimination- employer decisions and equal pay between sexes. First, an employer cannot base major decisions on a person's gender. This means that the decision to recruit, interview, hire, promote, or terminate a worker cannot be based solely on their sex. For example, if the employer hired a person simply because they were a man and not a woman, it would constitute sex or gender discrimination. Read more

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Secondly, employers are legally required to pay both men and women equally for the same type of work performed under similar conditions. The Equal Pay Act is a federal statute that governs this area of employment law. The Equal Pay Act prohibits what is known as "pay disparity", meaning that one class of workers is given higher pay rates than another class of workers for the same kind of work.

Pay disparity is allowed to some extent; however it cannot be based on gender. The difference in pay must be due to other factors like experience, seniority, or specialization in a particular skill. If there is a difference between pay for the same type of work, and that difference is clearly based on gender, it is a violation of Equal Pay Act provisions.

Finally, sex and gender discrimination laws often overlap with other areas of employment law. For example, it is common for a gender discrimination claim to involve sexual harassment laws or pregnancy / family leave laws. This makes the area of gender discrimination somewhat complex in comparison with other types of employment discrimination.

If you have questions regarding gender discrimination, you should speak with an employment lawyer immediately. Your lawyer can assist you in filing a claim with an administrative agency such as the EEOC, or they can help you file a lawsuit if it is appropriate.


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