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Trent Donnelly

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Executive Order 11246: Sex Discrimination Regulations - United States Department of Labor - Office of Federal Contract Compliance Programs (OFCCP)

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US Department of Labor: OFCCP's mission is to enhance the welfare and protect the rights of American workers by enforcing employment laws.

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Trent Donnelly

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News from The Associated Press, the definitive source for independent journalism from every corner of the globe.

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Trent Donnelly

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What is Sex discrimination? We explain its definition, areas covered and what constitutes discrimination.

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Massimo Greico

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The ERA is more relevant and important than ever. By making women fully equal under the law, the US could better address sexual assaults and gender violence, says attorney Laura L. Dunn.

Laura L. Dunn's legal career arose from a personal struggle for justice.

When Dunn was a freshman in college, two crew teammates raped her. She responded by reporting it to campus authorities. "I did what a lot of survivors do; I believed in the systems," she recalls. "I thought if I reported it to the police and to my campus, then everything would work out and I would receive justice."

But the state prosecutor chose not to pursue charges, and her university failed to punish the alleged perpetrators. Then, when Dunn turned to the US Department of Education to file a Title IX complaint, it ended up upholding the university's actions. "I learned then what many survivors are learning now, every single day: that the system doesn't necessarily serve the most vulnerable - those who are victimized," she says.

Now Dunn is a victim's rights attorney and DC managing counsel at The Fierberg National Law Group in Washington, DC (and a TED Fellow). In 2014, Dunn founded the national nonprofit SurvJustice, which offers legal assistance to campus sexual assault survivors, advocates for better victims' rights policies, and trains institutions to prevent and respond to sexual violence. In January 2018, SurvJustice sued Education Secretary Betsy Devos, the US Department of Education, and Assistant Secretary for Civil Rights Candice Jackson for its rollback of Title IX protections for sexual misconduct survivors.

Dunn believes US law needs to go further to protect victims of sexual violence. She is pushing for passage of the Equal Rights Amendment (ERA), a proposed constitutional amendment which reads, "Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex." Back in the 1970s, the ERA was supported by both major political parties, as well as president Nixon (and later presidents Ford and Carter). In 1972, the House of Representatives and the Senate approved the ERA.

But in order to become law, three-fourths of the 50 states must ratify Constitutional amendments via their legislatures. The ERA fell just three states short of the 38 states needed before its ratification deadline. Now, more than three decades later, the ERA is making a comeback. Nevada ratified the amendment in 2017, the first state in almost four decades to do so. Illinois did the same in May 2018, making the ERA only one state away from passage.

Sad but true: the US Constitution does not explicitly guarantee equal rights for women. In 1776, as the Founding Fathers were debating the Declaration of Independence, Abigail Adams famously asked husband John Adams, "In the new code of laws . . . I desire you would Remember the Ladies, and be more generous and favorable to them than your ancestors." Adams' response? "I cannot but laugh."

Existing Constitutional amendments don't do enough. While the Fourteenth Amendment guarantees every person equal protection under the law against "state abuses," that doesn't mean the government is required to intervene in instances of gender violence. "The Constitution allows the police to stand by and watch a private citizen assault another private citizen and do nothing," Dunn says.

For example, in the 2005 Supreme Court case Town of Castle Rock vs. Gonzales, a woman sued a town and its police department for failing to enforce a restraining order against her estranged husband, who went on to murder her three children. The Court ruled that the Fourteenth Amendment did not compel state law enforcement to protect women against domestic violence. Such gender bias in police response to domestic violence and sexual assault continues to be a very real problem, says Dunn, who points to a 2015 Department of Justice report that acknowledged this.

Certainly, there are some federal laws that protect women in the US. These include the Equal Pay Act, Title VII and Title IX of the 1964 Civil Rights Act, the Pregnancy Discrimination Act, and the Violence Against Women Act. But these laws can be overturned and some have had critical sections rewritten, revoked or simply not enforced. "[The ERA] means that women are people equal in stature before the law," said Ruth Bader Ginsburg in a 2014 conversation at the National Press Club. "We have achieved that through legislation, but legislation can be repealed. It can be altered ... That principle belongs in our Constitution." Today, many Americans don't know such a gap in legal protection exists: a 2016 survey found that 80 percent of respondents thought the Constitution already guaranteed men and women equal rights.

The ERA would make sex or gender-based discrimination unconstitutional. "The hope is, in passing the ERA, we could get everything from equal pay for women through to better protections by state law enforcement when gender violence occurs," Dunn says. Similar to how Title IX requires universities receiving federal funding to intervene and address gender harassment and violence, the ERA could require the government to intervene and address gender violence as a prohibited form of sex discrimination.

The ERA has renewed momentum, thanks to the 2016 election, the 2017 Women's March, the #MeToo movement, and now the sexual assault accusations against Supreme Court nominee Brett Kavanaugh. "Because this current administration has been so openly hostile to women and there's been such a clear rollback of Title IX protections and other civil rights, people understand the urgency of an ERA," Dunn says. In fact, she and other supporters like New York Congresswoman Carolyn Maloney believe the ERA is likely to be ratified in the next two to three years. "I'm kind of shocked that I think that," Dunn says.

If Dunn were to guess, she thinks Virginia could be the 38th state - the last one needed to pass the amendment - but there's also mounting support in Arizona, Arkansas, Florida, and North and South Carolina. "The grassroots networks are working beautifully to really push back against the administration and say it's time for the ERA," she says.

Even after one of the remaining 13 States ratifies the ERA, however, the fight is far from over. Because the legislative deadline to ratify the ERA has long passed, Congress must vote to change that deadline. Then, to complicate matters further, five states rescinded their ratification of the ERA back in the 1970s. But because this is an unprecedented situation, some legal scholars believe the initial ratifications could still stand under the terms of the Constitution. A legal challenge to the ERA would probably end up at the Supreme Court, and Dunn aspires to help argue these cases.

Still, the push for the ERA highlights the continuing power of Constitutional amendments. While it is difficult to amend the Constitution - the last ratified amendment occurred in 1992 - this is how some of the most important rights have been conferred on Americans, such as the rights to free speech, religious freedom and the vote. Dunn is hopeful that the groundswell of support for gender equality - as indicated by marches and protests across the country and the record number of women running for, and winning, elected office - will propel the ERA forward. In fact, according to that 2016 survey, 94 percent of Americans support the ERA.

"The Tenth Amendment doesn't merely leave what's left from the federal government to the states - it explicitly also leaves it to the people," Dunn says. "At the end of the day, our government should serve us, and the more we can share our voices, the more we can make our country ours."

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Why the US needs to pass the Equal Rights Amendment - finally

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Laura L. Dunn's legal career arose from a personal struggle for justice. When Dunn was a freshman in college, two crew teammates raped her. She responded by reporting it to campus authorities. "I did what a lot of survivors do; I believed in the systems," she recalls.

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Trent Donnelly

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Sexual discrimination has received a lot of attention in the past couple of years due to the #MeToo movement and ongoing allegations of sexual misconduct by well-known celebrities and politicians. But these issues are not new. The U.S. Equal Employment Opportunity Commission has tracked discrimination on the basis of sex in the workplace for decades. Recently, InsuranceQuotes.com gathered 20 years of EEOC data and released a report on their analysis and findings. You may be surprised what they found out.

For example, you may think that the number of complaints would increase since the #MeToo movement grabbed the top headlines. However, history shows that the number of complaints has not steadily increased over the year. The trend report notes a general rise in charges between 1997 and 2017 with a peak in 2012, but also a substantial drop in 2013 and 2014. What's truly surprising is the number of sexual discrimination complaints decreased in 2017, despite that year's consistent news coverage of celebrity transgressions.

Other findings:

In 2017, 67% of sexual discrimination charges were found to have "no reasonable cause" that the discrimination actually took place. Findings of " no reasonable cause" have increased in recent years. This could be attributed to a variety of explanations, but after witnessing the Brett Kavanaugh hearings, we should not be surprised to find the male establishment digging in their heels to dismiss and fight these discrimination and harassment charges. Let's face it. It's extremely difficult in today's political climate to prove this type of discrimination.

In 2017, nearly a quarter of complaints involved individuals alleging they had been fired unfairly on the basis of their sex. Harassment accounted for 15 percent of charges, and 14 percent fell into a category of complaint the EEOC titles " terms and conditions." These charges refer to allegations that an employer took gender into account when making decisions about employment, payment, or promotion.

Fourteen percent of complaints may seem small when you consider how prevalent the gender pay gap is across different industries. Yet along with unfair practices relative to hiring and promotions, these grievances are challenging to prove and many women don't bother going to battle. It's sometimes easier to stay silent or find another job.

What percentage of complaints arise from sex-based discrimination specifically? Nearly two-thirds of complaints based on sexual harassment and maternity were made on the basis of gender. Sixty percent of paternity-related discrimination complaints were made on the basis of gender as well. To be fired when you're pregnant or coming back from maternity/paternity leave seems like a clear case of discrimination. Yet despite what might seem an obvious cause for legal action, not many cases were filed.

Here's an important fact to keep in mind. These figures account for a small fraction of the discrimination and harassment incidents that actually took place during that time. Experts estimate that roughly three-quarters of harassment incidents go unreported, in part because those who raise such concerns are often subjected to retaliation.

Only about a quarter of victims file a complaint, and only after exhausting all other response options. Rarely do victims take their complaints to a lawyer, to the EEOC, or to court. Many sexually harassed employees never report their harassment due to fear - fear of blame, disbelief, inaction, retaliation, humiliation, ostracism, or damage to their careers and reputations. Research on reported outcomes and retaliation illustrates how these fears are often well-founded. Sexual harassment complaints are frequently followed by organizational indifference or trivialization of the complaint as well as reprisals against the victim.

How does geography affect the number of complaints?

The InsuranceQuotes.com study compares 2009 and 2017 data for each state highlighting where sex-based discrimination complaints increased over that period. For all but eight states, complaints declined in the last eight years, although complaints in Minnesota and Oklahoma decreased roughly 40 percent. Washington, D.C., which had the highest per-capita rate of complaints in 2017, saw far fewer sex-based discrimination charges than in 2009.

Yet some states showed a disturbing increase in charges. Mississippi had a surge of almost 20 percent between those years, and Maryland's total rose by almost 17 percent. The authors of the study note that that an increase in charges doesn't necessarily indicate harassment has become more prevalent. Instead, such a shift could signal workers are now more willing to challenge long-standing injustices and making use of the EEOC to do so.

In summary, I think it's fair to say that many factors affect the number of sex discrimination complaints filed. What we see here is not the whole picture. Many harassment and discrimination occurrences remain under the radar. While there may be a broader acceptance of the legitimacy of such charges on the one hand, most cases are not resolved in favor of the accuser. The reality remains that at this point in time accusers who move forward with a formal complaint or legal action are likely to face due possible retaliation.
Bonnie Marcus, M.Ed, CEC, empowers women to own their ambition and talent. She is an executive coach, professional speaker, and author of The Politics of Promotion: How High Achieving Women Get Ahead and Stay Ahead. She is currently working on her second book about the challenges women over 50 face in the workplace and what they can do to survive and thrive.

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Here's The Latest Info On Sex Discrimination In The Workplace

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The U.S. Equal Employment Opportunity Commission has tracked discrimination on the basis of sex in the workplace for decades. Recently, InsuranceQuotes.com gathered 20 years of EEOC data and released a report on their analysis and findings. You may be surprised what they found out.

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Trent Donnelly

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It is against the law to discriminate against anyone in the workplace because of their sex.

Employees are protected from discrimination at all stages of employment including recruitment, workplace terms and conditions and dismissal.

Sex discrimination may be direct or indirect. Direct sex discrimination is when an employee is treating unfavourably because of their sex. Indirect sex discrimination can occur if employers or managers hold assumptions about what sort of work women and men are capable, or not capable, of doing.

Sex discrimination could include:

not hiring a woman because the boss thinks she won't fit into a traditionally male workplace

offering women and men different rates of pay or benefits for the same job

not promoting a woman to a more senior position because it's assumed the other staff won't respect her authority

dividing up work tasks based on whether staff are male or female

insisting women wear different clothing at work to men, for example, short skirts

not considering women for a particular role.

Example of sex discrimination

Barbara applies for a job as a bus driver. She had been a transport driver in the RAAF and has plenty of experience. When the employer gives her the job he tells her that he doubts she will be able to 'hack the pace' and that she will be paid less than her male colleagues until she 'proves herself'.

Rico sees an advertisement for a job as a sales representative for a cosmetics company. When he telephones to express his interest, the personnel manager says, 'Sorry, we don't have any male reps and we like to keep it that way.'

Martha, a dispatch supervisor, discovers that male dispatch supervisors are on a higher wage and receive greater benefits than she does. She is told that she is paid less because drivers find it difficult to listen to females.

Are there any exceptions?

The Equal Opportunity Act 2010 includes some general. Thismeans that discrimination may not be against the law in particular circumstances.

There are also specific exceptions in regard to sex discrimination. For example, an employer may limit the offering of employment to people of one sex if it is a genuine occupational requirement for this to happen. Some examples of this could include:

maintaining decency and privacy (for example, in a fitting room or toilets)

performing searches of people or their clothing.

maintaining authenticity and credibility in regard to an artistic, photographic or dramatic performance, modelling work or similar activity.

Complaints

Employers may be vicariously liable for their employees' acts of discrimination or sexual harassment. Employers can also be directly liable. Find out more about who is liable for discrimination and harassment.

Employers also have a positive duty to eliminate discrimination, sexual harassment and victimisation as far as possible.

Complaints of discrimination made to the Commission are resolved through a process called conciliation. Find out more about our process for resolving complaints.

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It is against the law to discriminate against anyone in the workplace because of their sex. Employees are protected from discrimination at all stages of employment including recruitment, workplace terms and conditions and dismissal. Sex discrimination may be direct or indirect. Direct sex discrimination is when an employee is treating unfavourably because of their sex.

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Sex-Based Charges
Sex-Based Charges
The following chart represents the total number of charges filed and resolved under Title VII alleging sex-based discrimination.
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Sex Discrimination Employee Rights Guide

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Sex Discrimination Employee Rights Guide

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Massimo Greico

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U.S. Equal Employment Opportunity Commission

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U.S. Equal Employment Opportunity Commission

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Conner Hennessey

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Sex discrimination involves treating someone (an applicant or employee) unfavorably because of that person's sex, including the person's sexual orientation, gender identity, or pregnancy.

Discrimination against an individual because of gender identity, including transgender status, or because of sexual orientation is discrimination because of sex in violation of Title VII. For more information about LGBTQ+-related sex discrimination claims, see Sexual Orientation and Gender Identity Discrimination.

Sex Discrimination & Work Situations

The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.

Sex Discrimination Harassment

It is unlawful to harass a person because of that person's sex, including the person's sexual orientation, gender identity, or pregnancy. Harassment can include "sexual harassment" such as unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person's sex, including the person's sexual orientation, gender identity, or pregnancy. For example, it is illegal to harass a woman by making offensive comments about women in general.

Both the victim and the harasser may be any sex, and the victim and harasser may be the same sex or a different sex.

Although the law doesn't prohibit minor teasing, offhand comments, or isolated incidents that are not frequent or serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).

The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, a subordinate, or someone who is not an employee of the employer, such as a client or customer.

Sex Discrimination & Employment Policies/Practices

An employment policy or practice that applies to everyone, regardless of sex, can be illegal if it has a negative impact on the employment of people of a certain sex and is not job-related or necessary to the operation of the business.

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Sex discrimination involves treating someone (an applicant or employee) unfavorably because of that person's sex, including the person's sexual orientation, gender identity, or pregnancy. Discrimination against an individual because of gender identity, including transgender status, or because of sexual orientation is discrimination because of sex in violation of Title VII.

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Sex Discrimination & Employment Policies

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Sex Discrimination & Employment Policies

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An employment policy that applies to everyone, regardless of sex, can be illegal if it has a negative impact on the employment of people of a certain sex and is not job-related or necessary to the operation of the business. - ING

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Gender equality is a
HUMAN fight,
NOT a FEMALE fight - ING

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- ING

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It is unlawful to harass a person because of that person's sex. Harassment can include "sexual harassment" or unwelcome sexual advances,favors, and other verbal or physical harassment of a sexual nature. Harassment does not have to be of a sexual nature,but also, can include offensive remarks about a person's sex. For example, it is illegal to harass a woman by making offensive comments about women in general. - ING

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Conner Hennessey

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Click to download a PDF of this Know Your Rights guide.
What is Sex Discrimination?

For sex discrimination to be illegal, it has to involve different treatment that negatively affects the terms or conditions of employment. Unlawful sex discrimination occurs when an employer treats an applicant or employee differently and less favorably because of his or her sex or gender1 or because the person is affiliated with an organization or group that is associated with a particular sex. Sex discrimination includes treating an employee or an applicant differently based on sex stereotypes or because he or she does not conform to traditional notions of femininity or masculinity. Sex discrimination also includes unwelcome sexual advances, requests for sexual favors and other verbal or physical harassment of a sexual nature. Sexual harassment may also include offensive remarks made about women or men in general.

For sex discrimination to be illegal, it has to involve different treatment that negatively affects the "terms or conditions of employment." "Terms or conditions of employment" include things like your employment status (being hired or fired); your job position or duties; your work schedule, shift, or job location; your pay rate or salary; and advancement and training opportunities.

Examples of Sex Discrimination at Work

The following examples are provided to help you decide if you are being discriminated against because of your sex. You may still have a claim for sex discrimination if your situation does not conform exactly to any of the examples below. If you have additional questions or need information about your rights at work regarding any of the following issues, please call ERA's Advice & Counseling Hotline at 800-839-4372.

Hiring

You apply for a job as a sales executive. Although you have experience and excellent qualifications, you are not hired because some of the company's long-time clients are more comfortable dealing with men.

Condition of Employment

You want to be a firefighter. The department is taking applicants, but the job description states that all candidates must be able to lift 100 pounds. You believe such a feat is not necessary to carry out the duties of a firefighter, and serves instead to keep women from applying.

Firing

You are told that you are laid off due to company cutbacks and reorganization. However, men in the same position and/or with less seniority keep their jobs.

Promotion

You work as a sales clerk at a retail store for ten years but have been repeatedly denied the opportunity to advance. Men with less experience, some of whom you trained and/or supervised, receive the promotions instead.

Job Classification

You work at a large shipping company where employees hold several different job classifications. You notice that most of the sorting jobs, which are low-paid and offer little opportunity for promotion, are held by women, while most of the better-paying office positions are held by men.

Benefits

You are required to use your sick and vacation leave to take time off for your pregnancy because your employer does not provide disability leave for pregnancy, but does provide such leave to employees with other temporarily disabling health conditions. A male coworker was on leave for six months because he had a heart attack and he was able to access the benefits under the disability plan. (For more information about your rights as a pregnant employee, see ERA's brochure on Pregnant Workers' Rights.)

Pay

You work your way up from the position of line cook to sous chef. After your promotion, a second sous chef is hired. He has similar training and work experience, but you find out that he is being paid more than you.

Sexual Harassment

Your boss is the vice president of the company. He repeatedly makes unwelcome comments about your body and routinely puts his arm around your waist when discussing work-related matters. You tell him his behavior makes you uncomfortable and ask him to stop. He says, "Maybe you are too uptight for this job. I probably should never have hired you." You now are afraid of losing your job if you don't "loosen up."

Gender Identity

You apply and are hired for a position at a new company. Before beginning your job, you inform your employer that you are undergoing a gender transition and will presenting as a woman instead of as a man. Your new employer then informs you that the job is no longer available due to budget constraints. You later find out that another person was hired for the position.

Sex Stereotyping

You are a woman who works in the sales department of a major retail chain. You have short hair and dress in pants most days. Although you meet deadlines and sales quotas, you receive poor performance evaluations, which include comments about your lack of femininity and "aggressive" nature. Men with similar personality traits and equally or less impressive sales records to your own receive above average performance evaluations and are promoted more quickly.

Sex Discrimination is Against the Law

Federal Law

The federal law prohibiting sexual discrimination in the workplace is Title VII of the Civil Rights Act of 1964 (often referred to as "Title VII"). Title VII applies to private employers, state and local government employers, labor organizations, employment agencies, and joint employer-union apprenticeship programs with 15 or more employees.

California State Law

The California Fair Employment and Housing Act (FEHA) prohibits discrimination on the basis of sex and gender in employment. FEHA's prohibition on most forms of sex discrimination applies to all private employers, employment agencies, labor organizations, state licensing boards, and state and local government agency employers that have five (5) or more employees. However, the law's prohibition against sexual harassment is broader, and applies to all employers with one (1) or more employees.

Other State Laws

Like California, most states have a law that makes sex discrimination in employment illegal. You can get more information about your rights under your state's laws by consulting a lawyer who practices employment law in your state. Equal Rights Advocates may be able to refer you to an attorney in your area. For more information, please call ERA's Advice & Counseling Hotline at 800-839-4372 or visit the Advice & Counseling Center.

Retaliation for Reporting or Opposing Sex Discrimination is Also Against the Law

Not only is sex discrimination against the law; so is retaliating against (punishing) an employee for reporting sex discrimination, opposing an employer's discriminatory practices, or participating in an investigation or legal action related to discrimination. Examples of retaliation in the workplace include being fired or demoted, receiving a pay cut or a reduction in your hours, being forced to take leave, or being reassigned to an undesirable job, shift, or location.

See the "What You Can Do" section below for suggestions and options to consider if your employer retaliates against you for reporting or opposing sex discrimination.

What You Can Do

When you are deciding what to do in the face of discrimination or retaliation at work, remember that every situation is unique and you must weigh the pros, cons, and risks associated with whatever action(s) you choose to take. It is important that you speak with a lawyer or legal services organization like Equal Rights Advocates to discuss your options, understand your choices, and get a realistic picture of the potential strengths and weaknesses of your case. For information about your rights at work regarding any of the following issues, call ERA's Advice & Counseling Hotline at 800-839-4372 or visit the Advice & Counseling Center.

Here are a few tips and things to consider doing if you think your rights as an employee have been violated:

Write Down What Happened. As soon as you experience discrimination, make note of it. Write down dates, places, people, times, and possible witnesses to what happened. If possible, ask your co-workers or colleagues to write down what they saw or heard, especially if the same thing is happening to them. Remember that others may (and probably will) read this written record at some point. It is a good idea to keep the record at home or in some other safe place. Do not keep the record at work.

Report the Incident(s) or Problem(s) to Your Employer. Wherever possible, you should consider reporting the sex discrimination or retaliation that you believe you are experiencing to your employer. Review your personnel manual and/or speak to human resources officer to find out if your employer
has any written policies or procedures for complaining about discrimination.

Keep A Paper Trail. When you report the discrimination to your employer, do it in writing.
Describe the problem and how you want it resolved. This creates a written record of when you complained and what happened in response to it. Keep copies of everything you send and receive from your employer, including emails, text messages, and voicemails.

Involve Your Union. If you belong to a union, you may want to file a formal grievance through the union and try to get a shop steward or other union official to help you navigate the grievance process. Get a copy of your union's grievance policy and your collective bargaining agreement to see if they discuss the problems you are experiencing. Keep in mind that if you use your union's grievance procedure, you must still file a complaint with a government agency if you want to file a lawsuit in federal or state court.

Request to Review Your Personnel File. It is your right to see and make a copy of your personnel file. In certain states including California, you also have the right to get a copy of every employment-related document that you have signed.

File a Discrimination Complaint with a Government Agency. If you want to file a lawsuit in federal or state court, you must first file a formal complaint (or "charge") of discrimination with the federal Equal Employment Opportunity Commission (EEOC) or your state's fair employment agency (in California, this is the Department of Fair Employment and Housing). (See Resources section for contact information.) If you are a federal employee, follow federal guidelines on how to lodge a discrimination complaint. You can obtain these guidelines from the Federal Labor Relations Authority at www.flra.gov/contact or (202) 218-7770.

Do Not Miss Deadlines with the EEOC or Other Government Agencies. Do not delay in filing a complaint against your employer with the appropriate state or federal agency! If you feel that your employer's internal process for dealing with the discrimination will not or did not help you, do not wait to file a formal external complaint. This is very important. You cannot bring a lawsuit against your employer unless you have first filed a complaint of discrimination with the EEOC or your state fair employment agency. Under federal law (Title VII), you have 300 days from an act of discrimination to file a formal charge of discrimination with the EEOC. Under your state's fair employment law, you may have as few as 180 days to file a charge. If you are a public employee, you may also have to adhere to notice requirements for filing suit against a public entity. Filing deadlines vary from state to state, so it is important to check with the EEOC or a legal organization to find out the time limits. It is important to note that any internal complaints you make to your employer will not extend these deadlines. Call Equal Rights Advocates or a lawyer to find out what you need to do and when.

File a Lawsuit. Most laws that prohibit sex discrimination do not allow you to go straight to court; generally, you have to file a formal discrimination charge with a federal or state agency before you can file a lawsuit in court. However, you may want to consider early on whether filing a lawsuit is something you would be willing to do. The remedies or relief you can seek in a lawsuit will vary, but may include money damages, getting your job back (if you've been fired or forced out on leave), and/or making your employer change its practices to prevent future discrimination from occurring.

Equal Rights Advocates Can Help. ERA has a multilingual Advice and Counseling Line that you can call to receive free practical advice and information about your legal rights. All calls are confidential. Call us toll-free at 1-800-839-4372 or visit us at: www.equalrights.org.

Resources

National

U.S. Equal Employment Opportunity Commission (EEOC)
(The federal agency that enforces workplace anti-discrimination laws)
(800) 669-4000: Toll-free phone number that automatically connects you to your local EEOC office.
To find the contact information for your local EEOC office, visit: http://www.eeoc.gov/field/index.cfm.

California

California Department of Fair Employment and Housing (DFEH)
(The state agency that enforces the state workplace anti-discrimination laws.)
(800) 884-1684: Within California
(916) 227-0551: Outside California
www.dfeh.ca.gov
Disclaimer: The materials contained in this brochure have been prepared by Equal Rights Advocates for informational purposes only and do not constitute legal advice. Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship. Readers acting upon this information do so of their own fruition, and ERA is not liable for any adverse actions taken against the reader. Individual situations vary widely and readers are thus encouraged to seek professional counsel to determine their best individual course of action.
¹ "Sex" refers to the biological and physiological characteristics that define men and women. "Gender" refers to socially constructed roles, behaviors and attributes that a society or culture deems appropriate for men or women.

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Click to download a PDF of this Know Your Rights guide. What is Sex Discrimination? For sex discrimination to be illegal, it has to involve different treatment that negatively affects the terms or conditions of employment.

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Conner Hennessey

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Michael Kimmel: Why gender equality is good for everyone - men included

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Yes, we all know it's the right thing to do. But Michael Kimmel makes the surprising, funny, practical case for treating men and women equally in the workplace and at home. It's not a zero-sum game, but a win-win that will result in more opportunity and more happiness for everybody.

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Conner Hennessey

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Title VII of the Civil Rights Act of 1964

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Title VII of the Civil Rights Act of 1964

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Statistics on Sex Discrimination for the last 20 years

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Statistics on Sex Discrimination for the last 20 years

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Massimo Grieco

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The following chart represents the total number of charges filed and resolved under Title VII alleging sex-based discrimination.

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Sex Discrimination                 By Massimo Grieco              You didn’t get the job…because you’re a woman     You don’t meet the job “requirements”...you’re not a man.                                  We’ve had to lay “people” off, and by people we mean women.                                 You don’t have the “personality” to get promoted.      You are better suited to work in this department, with other women.                              Please use your Sick days during your pregnancy.        This is all we can pay you, (because that’s all we pay women).                             Come here sweetie, let the boss man give you a massage. Don’t be so tense...relax.     You do want to move up in this company right?                    Ohh, you’re undergoing a gender transition?              Yeah, We’ll need to let you go because of “budget” problems.                             Boys will be boys…                  If only you could be a more aggressive “salesman”

# data[].attributes.subject
Sex Discrimination                 By Massimo Grieco              You didn’t get the job…because you’re a woman     You don’t meet the job “requirements”...you’re not a man.                                  We’ve had to lay “people” off, and by people we mean women.                                 You don’t have the “personality” to get promoted.      You are better suited to work in this department, with other women.                              Please use your Sick days during your pregnancy.        This is all we can pay you, (because that’s all we pay women).                             Come here sweetie, let the boss man give you a massage. Don’t be so tense...relax.     You do want to move up in this company right?                    Ohh, you’re undergoing a gender transition?              Yeah, We’ll need to let you go because of “budget” problems.                             Boys will be boys…                  If only you could be a more aggressive “salesman”

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Conner Hennessey

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Christopher Ryan: Are we designed to be sexual omnivores?

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An idea permeates our modern view of relationships: that men and women have always paired off in sexually exclusive relationships. But before the dawn of agriculture, humans may actually have been quite promiscuous.

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Conner Hennessey

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Why I believe the mistreatment of women is the number one human rights abuse

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With his signature resolve, former US President Jimmy Carter dives into three unexpected reasons why the mistreatment of women and girls continues in so many manifestations in so many parts of the world, both developed and developing. The final reason he gives? “In general, men don’t give a damn.”