Although we as a society have made significant strides towards gender equality in the workplace, it would ignorant to believe that gender discrimination has been eradicated. Studies show that women still earn significantly less than their male counterparts, and that women are less likely to be hired, especially in certain fields of work. Unfortunately, the glass ceiling is still there and women face bosses, managers, and supervisors that discrimination and sexually harass them on a daily basis. Our Ohio employment law lawyers deal with gender discrimination every day at our Cincinnati, Cleveland, Columbus, Toledo, Dayton, and Youngstown offices.
Title VII of the Civil Rights Act of 1964, and Ohio’s Fair Employment Practice Laws (Ohio R.C. § 4112.01et seq.) make gender discrimination unlawful. These are same set of anti-discrimination laws that prohibits race/color, religion, and national origin discrimination. Under these employment discrimination laws employers are precluded from making any employment decisions based on an employee’s or applicant’s gender. To that end, employers are not permitted to make decisions to hire, fire, promote, assign jobs, nor award benefits to an individual based on that person’s gender, or stated more simply, because the work is a woman.
Often times, some employers wrongly make employment decisions based on their belief that women should have certain roles in the workforce and society in general. Some employers make illegal hiring decisions based on their wrongly held belief that women, despite being qualified and capable, should not be assigned so-called manly or physical jobs. Some employers demonstrate their discriminatory tendencies by making only the female workers do what they deem “woman” tasks – such as adding the responsibilities of making coffee, doing dishes or vacuuming the office before close. Adding such gender bias tasks to female employees likely result in reduced performance than male counterparts that are not given such added tasks.
Another example of employers wrongly making decisions based on gender based biases is the unfortunately common decision not to hire women with preschool-age children based on the belief that mothers with young children should be working outside the home or that their childcare responsibilities will interfere with work. If men with preschool-age children were still eligible to be hired, this is illegal gender discrimination — even if most of the employees were women.
Likewise, employers cannot justify gender discrimination by stating things like, “there has always been a man in this position,” or “our customers like dealing with men in this role.” Companies cannot add job requirements that are not essential functions of the job just to weed out women, such as requiring a firefighter or factory worker to be able to carry 100 pounds.
If you are a working woman, and you find yourself thinking some of the following thoughts, you may have a gender discrimination claim and should contact an employment law attorney right away:
- I was not hired because I’m a woman.
- My company promoted a less qualified man over me.
- My boss told me that this was a man’s job.
- I work in a boy’s club environment.
- Women are excluded from important meetings at work.
- The person interviewing me for a job asked me if I plan to have any children soon.
- I was fired right after I complained to HR about gender discrimination.
- I am being paid less than men who do my same job.
- My boss told me to be a good woman and get him coffee.
- My manager told me to wear sexier clothing.
- I was fired today and replaced with a man.
- I want to sue my company for gender discrimination.
- My supervisor is sexist and gives favorable treatment to men.
- I was laid off, but men with less seniority kept their jobs.
- My boss says that I don’t look or act enough like a woman/man.
If you feel that you are being discriminated based on your gender or sex, then call the right attorney. It is never appropriate to discriminate against female employees. Discrimination against women includes being harassed, fired, wrongfully terminated, discriminated against, demoted, wrongfully disciplined, denied a promotion, and denied wages or not receiving equal pay. You can call the right attorney to schedule a free and confidential consultation. Call our Cincinnati attorneys at (513) 818-3688. Call our Cleveland attorneys at (216) 291-4744. Call our Columbus attorneys at (614) 335-4685. Call our Toledo attorneys at (419) 960-5926.
Because we know that many clients are not able to afford the costs of litigation up front, we take on more cases on a contingency fee basis than most firms. Contingency fee agreements mean that the client need not pay any fee for legal services unless and until our employment attorneys recover money and/or results on your gender discrimination claim.
Let’s look at some other common questions about gender discrimination: