Employment Law Chapter 8: Gender Discrimination

The Equal Pay Act allows for pay differences based on merit and seniority systems, but prohibits pay discrepancies solely due to gender.

The Equal Pay Act prohibits discrimination in employment based on sex.

The Equal Rights Amendment (ERA) seeks to guarantee equal rights for all citizens, regardless of sex. In 2020, Virginia became the 38th state to ratify the ERA, bringing it closer to becoming a constitutional amendment.

During the 2008-2009 recession, women experienced a lower percentage of job loss than men despite holding jobs that were often lower paying.

Caregiver responsibility discrimination refers to unfair treatment based on an individual's caregiving responsibilities, impacting both men and women. It can be challenging to balance work and family obligations.

Recent trends show a shift in gender discrimination claims from hiring practices to issues arising during employment, such as workplace conditions and treatment. The majority of gender discrimination claims filed with the EEOC are by women.

Gender-plus discrimination occurs when discrimination is based on a combination of gender and other factors, such as marital status or parenthood.

Gender stereotyping happens when workplace decisions are influenced by societal norms about how each gender should behave, potentially leading to unfair treatment.

Glass ceilings, glass walls, glass escalators, and glass cliffs are all metaphors illustrating different barriers women face in advancing their careers.

The Glass Ceiling Commission, established by the 1991 Civil Rights Act, investigated barriers to the advancement of women and minorities in corporate leadership.

Title VII of the Civil Rights Act of 1964 allows employers to have different grooming codes for men and women under certain conditions, such as restrictions on facial tattoos and hair length.

Title VII of the Civil Rights Act of 1964 abolished state laws that prevented women from working in certain jobs due to protective legislation.

If a client refuses to work with a female lawyer due to gender bias, the law firm should adhere to Title VII by choosing to lose the client and upholding anti-discrimination policies.

Employer policies that lead to gender-plus discrimination are inherently biased and not neutral. These policies can facilitate unequal treatment in the workplace.

The Equal Pay Act prohibits employers from paying women less than men for the same work, even if there are reasons other than sex for the difference, such as merit or seniority. The employer must be able to prove that the difference is based on factors other than sex.

Employers who violate the Equal Pay Act may be required to pay back wages, fines, and damages to the affected employees. The statute of limitations for filing a claim is two years, with an additional year if the violation was willful.

The Equal Pay Act is a federal law that makes it illegal for employers to pay women less than men for doing the same work. It is key to addressing the historical pay gap between men and women in the workforce.

The Equal Pay Act is a cornerstone of federal legislation against gender discrimination in the workplace. It aims to ensure that women receive equal pay for equal work, promoting fairness and equity in the workforce.

The Equal Pay Act has been instrumental in narrowing the gender pay gap, but it continues to be relevant as there are still wage disparities between men and women. Continued efforts to enforce and uphold the Act are essential.