Gender is becoming more fluid in today's modern world. While this fluidity allows individuals the freedom to explore, it can pose a problem when it comes to equality in the workplace. Discrimination based on someone's gender is prohibited by law, and this extends to an individual's gender identity as well.
Being aware of the ways in which gender discrimination can occur in the workplace will help you better protect your own rights and the rights of your co-workers.
You are protected against discrimination under Title VII.
Discrimination of many kinds is forbidden in the workplace, and these types of discrimination are outlined in a federal law known as Title VII. Title VII is part of the Civil Rights Act of 1964, and this section of law lists several categories that are considered protected.
Although gender identity and sexual orientation are not explicitly listed in the language of Title VII, the United States Supreme Court has issued many decisions making it clear that these characteristics are protected as part of the act's sex discrimination provision.
Knowing that you have the power of federal law behind you can make it easier to step forward when you (or a co-worker) are being targeted because of your gender identity.
Follow proper protocol when reporting suspected gender discrimination.
Your employee handbook should outline the proper protocol for reporting incidents of discrimination, including gender discrimination. Following this protocol will ensure that you are able to build a legal case against your employer if they fail to take action to remedy discriminatory behavior and eliminate this behavior from the workplace in the future.
You will need to create a detailed account of the discriminatory incident or incidents (like being denied a promotion because of gender or being denied access to common restrooms). Document the date and the individuals involved, and collect witness statements whenever possible. This information will help you present a factual case when reporting discrimination to your superiors.
Hire an attorney to protect your rights.
If you are worried that your employer might not take action to stop discriminatory behavior or you need help preparing a formal complaint, it can be beneficial to retain a civil litigation attorney.
These legal professionals will be able to ensure that your rights are protected at all times and help you take legal action against an employer to recover any lost wages or damages you may be entitled to as a result of gender discrimination.