No workplace is perfect, but it is not unreasonable for workers to expect a basic level of decency and civility, such as freedom from harassment and unfair treatment based on personal characteristics. Despite the improvements in gender equality that have been made over the years, issues such as gender discrimination are still alarmingly widespread. Of course, it can be difficult to figure out exactly what qualifies as gender discrimination if you have not experienced it yourself. Thus, there is a risk that this violation will not be reported simply due to the lack of knowledge of the victim.

Thankfully, the legal system has established specific standards for what constitutes gender discrimination, so you can more fully understand what gender discrimination in the workplace consists of. When you gain this valuable insight, you are in a better position to exercise any legal options or rights that you may have, hopefully leading to a favorable resolution and a more pleasant and less hostile workplace environment.

How Prevalent is Workplace Discrimination?

According to the United States Equal Employment Opportunity Commission, there were about 100,000 charges of workplace discrimination in 2012, with sex discrimination constituting more than 30,000 of the charges and retaliation constituting another 38,000. Of course, not all instances of gender discrimination are reported in a given year, so even this large number is an underestimation of the actual instances of discrimination that occur in American workplaces.

Often, victims do not report instances of discrimination because they are unsure they actually have enough evidence for a case, or because they don’t think doing so will make a difference. In other cases, workers may feel as though reporting the discrimination will place their jobs at risk. In addition, the EEOC reports that it only filed a total of 122 lawsuits despite the numerous complaints. Thus, it appears that complaining to the EEOC may not be the most highly effective strategy for vindicating your legal rights.

What Is Gender Discrimination in the Workplace?

Simply put, gender discrimination in the workplace exists wherever you are treated in a different, negative way regarding a term or condition of employment because of your gender. This kind of discrimination can occur at any time during your employment, from the way in which you are treated as an applicant to a position, to the way in which your retirement is handled. Terms and conditions of your employment include hiring; the position in which you are placed or the job duties you are given; your rate of pay; any promotions or demotions; being fired; your work schedule; your work location; your work uniform or dress code; your performance evaluations; and your benefits.

Often, gender discrimination is based on gender stereotypes, and harassing behavior may also be involved in the discriminatory act. However, being harassed is not a requirement of a gender discrimination claim. One can still be discriminated against based upon one’s gender through acts other than those of a harassing nature. If you feel you have been a victim of gender discrimination, contact an attorney as soon as possible so you can protect your employment and retain the ability to exercise your legal rights.