No one should be typecast into—or out of—a job or profession because of gender. Sex discrimination involves treating someone (an applicant or employee) unfavorably because of the person's sex.The law forbids discrimination in all aspects of employment, including hiring, firing, job assignments, layoff, training, fringe benefits and any other term or condition of employment.  

An employment policy or practice that applies to everyone, irrespective 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.

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on sex by a private employer, state or local government or educational institution with 15 or more employees.

If you think you have been discriminated against because of your gender, you may file employment discrimination charges as an individual or as part of a group (known as "class action") with the Equal Employment Opportunity Commission. The charges must be filed on an EEOC form within 180 days of the alleged discriminatory act. If you are represented by a union, contact your union steward, who can help you file charges. Federal employees must file discrimination charges within their own agency.

You can file a charge by calling the EEOC at 800-669-4000 for more information (800-669-6820 for the hearing impaired). All charges must include:

• Your name, address and telephone number.
• Your job title.
• A brief description of the problem.
• When the incident(s) occurred.
• The type of discrimination you encountered.

For more information, visit the EEOC question-and-answer page about discrimination.

The Equal Pay Act

The Equal Pay Act requires that men and women in the same workplace be given equal pay for equal work. While the jobs do not have to be identical, they must be substantially equal. The job content, not the job title, determines whether jobs are substantially equal.  All forms of pay are covered by the Equal Pay Act, including salary, overtime pay, bonuses, life insurance, holiday and vacation pay, reimbursement for travel expenses and benefits.    

The right of employees to be free from discrimination in their compensation is protected under several federal laws. The Equal pay Act, The Age discrimination in employment Act, Title I of the American with Disabilities Act and Title VII of the Civil Rights Act of 1964. Title VII makes it illegal to discriminate based on sex in pay and benefits. Thus, a person who has an Equal Pay Act claim may also have a claim under Title VII. 

Virtually all employers are subject to the Equal Pay Act. Under the Equal Pay Act, an employee has tow tears o go directly to court or to the EEOC.  An employee alleging a violation of the EPA is not required to file an EEOC charge but may go directly to court. For more information, visit the EEOC question-and-answer page about discrimination.  

The Paycheck Fairness Act would update and strengthen the Equal Pay Act and help secure equal pay for equal work for all workers. Click here to get more information on the Paycheck Fairness Act.

For more information about equal pay and job discrimination against women, check out:

• It's Time for Working Women to Earn Equal Pay, a useful fact sheet at the AFL-CIO website.
• Your Legal Right to Equal Pay, also on the AFL-CIO website, describing laws protecting women against employment discrimination and how to file a complaint.
• The National Committee on Pay Equity website with pay equity information and action steps.
• Break Time for Nursing Mothers under the FLSA, a Department of Labor site.
• The Institute for Women's Policy Research and The Coalition of Labor Union Women sites have information, links and resources of interest to working women.

Remember: The best way to protect your rights at work is to gain a voice on the job by forming a union!