Gender discrimination refers to unfair treatment of an individual based on their sex or gender. According to the U.S. Equal Employment Opportunity Commission (EEOC), this occurs when an employer treats an applicant or employee differently due to their gender. Such treatment violates federal and state laws designed to protect workers from unfair practices based on gender identity or biological sex.
Gender Discrimination
Columbus Gender Discrimination Lawyer
If you believe you have been treated differently at your place of employment—or were denied employment after filing a job application or interviewing—on the basis of sex or gender, then you may be able to file a gender discrimination claim. Under Title VII of the Civil Rights Act of 1964, as well as under the Ohio Revised Code 4112.02, discrimination based on an employee’s sex or gender is unlawful.
There are many forms that sex and gender-based discrimination can take. If you have questions about filing a claim or want to learn more about whether your experiences might constitute sex discrimination or gender discrimination at work, an experienced Columbus gender discrimination attorney can help with your case. The dedicated advocates at Marshall Forman & Schlein LLC have years of experience handling a wide variety of employment discrimination claims throughout the Columbus area.
What is Gender Discrimination in the Ohio Workplace?
Generally speaking, the laws that prohibit sex and gender discrimination in the workplace tend to use the term “sex discrimination,” although many people use the terms interchangeably. Sex discrimination, according to the U.S. Equal Employment Opportunity Commission (EEOC), “involves treating someone (an applicant or an employee) unfavorably because of that person’s sex.” For example, an employer might treat an employee differently because she is female.
When we talk about gender discrimination, we often mean sex discrimination—someone who has faced discrimination or other adverse actions at work as a result of being female or male. Gender, unlike sex, is more of a social construct, and it is the term we use to refer to someone being a woman or being a man—the way in which we identify our gender. Sex and gender discrimination can exist in any of the following situations related to employment:
- Applying for a job
- Getting hired for a job
- Getting fired from a job
- Specific job assignments
- Whether or not you are promoted
- Whether or not you face layoff
- Training for which your employer says you are eligible
- Fringe benefits for which your employer says you may be eligible
- Pregnancy discrimination
- Sexual harassment on the job
- Equal pay matters
- Other conditions of employment
How Do I File a Gender Discrimination Claim in Columbus, Ohio?
Sex and gender discrimination are unlawful under both federal and state law. As we mentioned above, if you decide to file a federal claim, you will:
- File under Title VII of the Civil Rights Act of 1964; and
- You will need to file your claim with the EEOC.
If you decide to file a claim under Ohio state law, you will:
- File under the Ohio Revised Code 4112.02; and
- You will need to file your claim with the Ohio Civil Rights Commission (OCRC).
There are distinct time limits associated with federal and state claims. Determining where to file your claim is a complicated one, and it is important to speak with an Ohio gender discrimination attorney as soon as possible to ensure that you file your claim in a timely manner.
Seek Advice from a Columbus Gender Discrimination Attorney
Did an employer refuse to hire you because you are a woman? Do you suspect that your current employer treated you differently because or are female or because you identify as a woman? You may be able to file a gender discrimination claim. An experienced Columbus gender discrimination lawyer can speak with you today about your case. Contact Marshall Forman & Schlein LLC to learn more about the services we provide and about our commitment to the Columbus community.
FAQs About Gender Discrimination in Ohio
In Which Employment Situations Can Gender Discrimination Occur?
Gender discrimination can manifest in virtually any employment situation throughout your career. Common scenarios include job applications, hiring decisions, work assignments, promotions and pregnancy-related matters. Discrimination can also occur during termination processes or when determining conditions of employment, such as work schedules or workplace policies.
What Laws Prohibit Gender Discrimination?
Federal protection comes primarily through Title VII of the Civil Rights Act of 1964, which forbids employment discrimination based on sex. Ohio residents also benefit from state-level protection under Ohio Revised Code 4112.02, which provides additional safeguards against gender-based discrimination. These laws work together to create comprehensive protection for workers facing unfair treatment due to their gender or sex.
Where Should I File a Gender Discrimination Claim?
The filing location depends on whether you pursue federal or state claims. Federal claims under Title VII must be filed with the Equal Employment Opportunity Commission (EEOC). State claims under Ohio law should be filed with the Ohio Civil Rights Commission (OCRC). Choosing the appropriate venue requires careful consideration of your specific circumstances and the strengths of your case.
Are There Time Limits for Filing Gender Discrimination Claims?
Yes, strict time limits apply to both federal and state gender discrimination claims. These deadlines vary significantly between federal and state procedures, making prompt action essential. Missing these deadlines can permanently bar your ability to seek legal remedies, regardless of how strong your discrimination case might be.
Can Gender Discrimination Be Subtle?
Gender discrimination often occurs through subtle actions rather than obvious mistreatment. Examples include consistently passing over qualified women for promotions, assigning different job duties based on gender stereotypes, or creating workplace policies that disproportionately impact one gender. These less obvious forms of discrimination can be just as harmful and illegal as more blatant discriminatory acts.
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