California defines sex or gender discrimination as mistreatment in the workplace based on the sex of an individual. This discrimination can take place after the individual secures employment or during the application process. Women are the most likely of the two sexes two experience gender discrimination. And despite the fact women have demonstrated the ability to perform their job duties at the same level as men, gender discrimination still exists.
Title VII of the 1964 Civil rights Act includes federal employment law regulations that set forth guidelines for equal treatment between the genders in the workplace. Title VII mandates that employees of both sexes receive the same treatment regarding hiring, promotions, and firing. The law also covers job assignments, raises, and other benefits of employment.
Title VII jurisdiction extends to all private companies, educational institutions with 15 or more employees, and institutions operated by state or local governments. Labor organizations and employment agencies must also abide by Title VII regulations.
The Equal Pay Act is a provision of Title VII that makes it illegal to adjust the salary of an employee based on gender. These regulations apply to base salary, overtime, vacation pay, gasoline allowances, and all other compensation related to job performance.
Pregnancy discrimination is also illegal under Title VII. This provision of the law covers the mistreatment of female employees who are pregnant, have recently given birth to a child, or are experiencing a health condition related to pregnancy.
Title VII allows sex to become a determining factor in certain situations. One example of this would be an acting job that requires a female to play the role. These exceptions are referred to as “bona fide occupational qualifications and apply only in specific situations.
Employers also do not possess the right to decide the clothing an employee should wear to align with accepted gender roles. Courts in the past have not looked favorably upon employers who discriminate against employees based on an assertion that their attire was too “macho.”
The regulations that govern the equal treatment of employees under the law are expansive and include many provisions a person is unlikely to encounter in their day-to-day lives. Individuals who feel they have experienced gender discrimination in the workplace may benefit from speaking with an attorney.