Gender discrimination: How companies can prevent it and what employees can do if it happens

Awareness against gender discrimination

Are you a victim of sex or gender discrimination at your place of employment? Perhaps you have observed it happening in your workplace? Let’s explore some key facts that can help you put an end to this injustice. 

Our mission at Project WHEN (Workplace Harassment Ends Now) is to elevate awareness to eliminate harassment and create more respectful workplaces. This post on gender discrimination is part of our series of pages educating the public about various types of workplace harassment, how employers can prevent it, and employees’ rights under the law.

What is sex or gender discrimination in the workplace?

Gender discrimination (often called sex discrimination in legal settings) occurs when an applicant or employee is treated unfairly because of the person’s sex. According to the U.S. Equal Employment Opportunity Commission (EEOC), sexual orientation and gender identity (e.g. transgender status) can also be the basis of sex discrimination. 

Sex discrimination versus sexual harassment

Since sexual harassment is a form of sex discrimination under the law, there may be a fine line between the former and the latter, but these two terms have key distinctions. Knowing these differences is essential for any employer looking to avoid the occurrence of this problem or for individuals (employees or applicants) who want to know how to deal with it. 

Sex discrimination happens when an individual receives less favorable treatment for being male or female. For example, an employer with a pattern of laying off only female employees is discriminating against those individuals due to their gender. 

Sexual harassment, on the other hand, involves a variety of acts that are of sexual nature or offensive behavior that creates a hostile working environment to a person of a specific gender. Sexual harassment can generally take two forms: 

1) any unwelcome conduct of sexual nature such as sexual advances; inappropriate requests for sexual favors; unwanted verbal or physical abuse; and quid pro quo, the act of offering employment benefits or conditions in exchange for sexual acts; and/or

2) conduct that is not of sexual nature but causes the victim to suffer hostile working conditions such as repeatedly subjecting an individual to gendered insults or gender-related slurs. Frequently calling a female employee a “slut” or a “bitch” is an example of this conduct.

In this post, we’ll touch on real examples of gender discrimination in the workplace, the laws offering protection from it, and the recourse victims have under the law. Importantly, we’ll also cover what employers can do to prevent it from occurring in the workplace, along with delving into what companies should do to address gender discrimination claims. You’ll also find a number of resources we believe are helpful for those dealing with this problem.

Examples of gender discrimination

Employment decisions that negatively impact people of a certain sex or gender is a manifestation of gender discrimination. An employee may start to be paid less, passed over for promotions, ignored in important meetings, or overlooked for important assignments. Job candidates may also be rejected for no other reason than their gender.

One example is shown in a lawsuit against a leading national food distributor that practiced a systematic refusal to hire female job applicants. The pattern of denying women operative positions at the company’s Broadline facilities had been going on since 2004. In addition to this conduct, it was also revealed that the company refused to promote a female employee due to her sex, even if she was qualified. 

To settle the lawsuit, the company will provide monetary relief to the victims who suffered sex discrimination in employment. The female applicants will receive $5,000,000 while $75,000 will be paid to the female employee that the employer failed to promote.

Transgender individuals are also protected under the law. Another case involved a transgender employee who was dismissed from her position as a funeral director. The decision to fire her came after the employee told her employers that she will be undergoing a transition from male to female. 

The court concluded that firing the employee based on her transgender status is a violation of Title VII of the Civil Rights Act that prohibits discrimination based on sex. To resolve the lawsuit, the transgender employee will receive $130,000 in back pay and compensatory damages. The company will also pay the victim’s attorney fees amounting to $120,000.

These examples are based on real gender discrimination lawsuits filed by the EEOC, a federal agency responsible for enforcing employment discrimination laws.

Statistics on gender discrimination

According to data visualizations of charges received by the EEOC, sex-based discrimination is one of the most reported basis of discrimination. In fiscal year 2019, the federal agency recorded 23,532 charge receipts while monetary benefits received by aggrieved individuals soared to a whopping $170.7M. This is a 32% increase since 2010.

It is evident that gender discrimination in the workplace is still a rampant and pervasive issue that needs to be addressed. Employers may think that their actions do not have serious consequences and victims may not have a clear understanding of protections available to them. Awareness is of utmost importance, first and foremost, in these situations. Read on to explore what laws protect you from it, as well as key actions to take by both companies and victims in dealing with this type of discrimination.

Gender discrimination laws

Federal law

The EEOC enforces several laws that make it unlawful for employers to discriminate against an individual because of sex or gender.

Title VII of the Civil Rights Act of 1964 

This federal law prohibits employment discrimination on the basis of a person’s sex, as well as race, color, religion, and national origin. Under Title VII, it is unlawful to take employment actions (such as hiring, firing, compensation, training, job assignments, promotions, layoff and benefits) based on one’s sex and stereotypical assumptions about a certain gender’s characteristics and abilities.

Although discrimination is often experienced by women, the law’s protection also applies to men. Furthermore, as enforced by the EEOC and as ruled in certain court decisions, discriminating individuals because of their gender identity or sexual orientation is also a form of discrimination based on sex under Title VII. 

Harassing someone because of that person’s sex is also illegal under the law. It is important to note, however, that one-off teasing and isolated incidents (unless extremely serious) may not be considered illegal. The offensive behavior must create a threatening and hostile work environment or result in adverse employment action to be unlawful.

The harasser does not have to be of opposite sex for sexual harassment to happen; it can occur between individuals of the same sex. The victim’s harasser can also be a supervisor, manager, leader, employer’s agent, co-worker and even those external to the company such as vendors and customers.

When it comes to employment practices, a seemingly neutral policy or practice that negatively affects employees of a particular sex may be considered unlawful, especially if it is not essential for business operations.

Another main provision this law offers is protection against retaliation. An employer may not punish or retaliate against an individual who is actively asserting his/her rights. Protected activities include filing a discrimination charge, using complaint processes to oppose discriminatory practices, and participating in legal proceedings or investigations alleging workplace harassment.

Title VII applies to business/private employers with 15 or more employees, employment agencies, state or local governments, federal government agencies, and labor organizations or joint apprenticeship committees.

Below is an excerpt from Title VII of the Civil Rights Act of 1964 pertaining to sex discrimination.

Equal Pay Act of 1963

The Equal Pay Act of 1963 (EPA), an amendment to Fair Labor Standards Act, is another federal law that covers sex-based discrimination. This law was passed to ensure that male and female employees performing substantially similar work are paid equally. 

Virtually all employers and all types of compensation paid to an employee are covered. This includes salary, overtime pay, bonuses, vacation/holiday pay, gas/cleaning allowances, insurance, travel expense reimbursement, and benefits. Our page on compensation discrimination provides further information about this Act.

State Law

Some states have laws that protect individuals from gender discrimination. The best way to learn more about additional protections you can receive locally is to refer to your state’s department of labor website. Our guide on reporting incidents of workplace harassment links to each state’s DOL website, as well as some of the regional and city organizations, for those in more populous areas.

Recourse for victims of gender discrimination

If an applicant or employee believes that they are suffering gender discrimination in the workplace or sexual harassment, documenting experiences or keeping evidence of the offensive conduct is essential. It is also encouraged to use any complaint or reporting system internally. Even concerned colleagues or witnesses can report the incident. But if the complaint has fallen on deaf ears or has led to worse treatment (even punishment), victims have the right to seek legal recourse. 

One of the available options is to consult legal counsel or an employment lawyer. These professionals can help the aggrieved individual in evaluating the case and offer valuable advice regarding the claims.

A best next step could also be filing a charge either through a state administrative agency or the EEOC, a federal agency that enforces federal laws related to harassment and discrimination in the workplace. Acting promptly is important since there is a time limit of 180 days to file an EEOC charge. Federal applicants and employees have 45 days to initiate EEO counseling.

Speaking with an attorney is not a requirement before approaching a government agency to discuss the situation; these entities are in place to protect applicants’ / employees’ rights and are typically willing to give guidance on suggested next steps for victims.

For more information about the process of reporting sex discrimination cases, refer to our full guide on How to Report Workplace Harassment Incidents. This article provides a comprehensive list of state resources and local EEOC offices. You can also head directly to the EEOC’s page on How to File a Charge of Employment Discrimination.

What can companies do to prevent gender discrimination?

Companies are legally responsible for preventing sex or gender discrimination from transpiring in the workplace. Compliance with law requirements as an initial step is of utmost importance. A holistic examination of business processes and culture also needs to be done to develop a respectful work environment.

The initiative to prevent sex discrimination is most effective when it starts with senior leadership, but sometimes change takes one individual who has the courage to speak up. Employers that are passionate about ensuring the safety of employees from the different manifestations of discrimination should consider getting involved with Project WHEN (Workplace Harassment Ends Now). 

As a first step, we’d ask employers to sign our Pledge of Commitment to demonstrate their commitment to creating a respectful, harassment-free workplace for employees.

For a holistic and structured approach to living out the company’s commitment, we also encourage employers to enroll in the WHEN™ Organizational Certification program. In this program, we will guide the company through a step-by-step process of preventing all types of workplace harassment. This certification will also serve as a powerful statement to both internal and external audiences about the company’s commitment to ensuring that the workplace is a safe space for everyone. The Employee Culture Pulse Survey, which is also offered as a standalone service, will be administered to employees in the first phase of this program. The actionable data gained from this survey will allow you to identify challenges in your fight against workplace harassment and strategize your path to improvement.

What should companies do when gender discrimination happens?

Acts of discrimination happen when companies lack understanding of requirements set forth by the law and do not implement preventive measures. When tell-tale signs of hostility are observed within the organization, it is time to start dismantling it by engaging in meaningful conversations and breaking the status quo. 

If you are ready to begin discussions on creating a more respectful work environment, we can facilitate a Project WHEN Roundtable. This event can help attendees identify challenges present in their current working conditions and gain insight on the best action steps to eliminate traces of discrimination in the workplace.

If you are an individual who thinks that it is time to see change happening in your company, let your employer know about this and ask for a facilitated discussion to take place.

Remember, the problem of gender discrimination will not solve itself. It is important for everyone to develop heightened awareness of what they can do to make a difference. Change will only take place if people within the workplace take the initiative to address issues, no matter how uncomfortable it may be.

Additional resources and recommended readings

For more information about gender discrimination in the workplace, we’ve rounded up some resources that you can consult and find below.

• Sex-based Discrimination | U.S. Equal Employment Opportunity Commission
• Sex Discrimination – Your Rights | U.S. EEOC
• Sex Discrimination – FAQs
• What You Should Know: The EEOC and Protections for LGBT Workers

End gender discrimination now

Nobody should have to face gender discrimination or any form of harassment, for that matter. Project WHEN is a 501(c)(3) nonprofit organization working hard to make workplaces more respectful for everyone. Elevating awareness to prevent workplace harassment from taking place is what runs at the core of our organization.

Whether you’d like to make a financial contribution to support our work, sign the Project WHEN Pledge of Commitment, have your employer host a Project WHEN event, or just join our mailing list to learn of volunteer opportunities, everyone can get involved with Project WHEN!

Examples of Gender Discrimination in Various Industries

Gender Discrimination is a prevalent issue that happens in different workplace settings. Here are some examples of the racial discrimination issues the workplace is currently facing:

Gender Discrimination at Towson University – 2/23/2022

A female gymnastics coach at Towson University in Maryland has filed a lawsuit alleging that she was fired because of her gender, while pregnant, and after complaining about being treated differently than male coaches. During the investigations, the coach complained that male coaches were treated better when more serious complaints were filed against them. The case is still in its early stages, and the University is attempting to have it dismissed.

Gender Discrimination at Fox News – 02/17/2022

Melissa Francis’ gender discrimination and retaliation accusations have been investigated by the New York State Department of Labor. Francis left the Fox News due to a wage dispute. Fox News representative declined to comment on the investigation. New York’s labor department is investigating Fox News. The news comes only months after the network reached a settlement with the New York City Human Rights Commission.

Gender Discrimination at Aims Community College – 1/24/2022

The Greeley-based Aims Community College has been named in three lawsuits alleging gender discrimination or sexual harassment. Patricia Rand, former associate vice president of academic affairs, filed a lawsuit in Weld County District Court. She claimed that she was forced to resign after 16 years at the college due to “constant gender discrimination and a hostile work environment.” A lawsuit similar to Rand’s was filed by Sarah Wyscaver, vice president of student engagement, inclusion, and success. She claimed gender discrimination and lower pay than men doing comparable work. Aims vehemently denies Wyscaver and Rand’s allegations.

Gender Discrimination at Arizona State University 1/22/2022

Former Arizona State University women’s lacrosse coach Courtney Connor is suing the university and the Arizona Board of Regents with claims of unlawful termination as a result of her reports of Title IX violations against the sports department. According to Connor’s lawsuit, her supervisors, including former ASU assistant athletics director Scottie Graham, expressed outrage about her reports of gender inequity inside the athletics department. Connor asserts that the athletic department subsequently created a hostile work environment for her and exacerbated gender inequities.

Gender Discrimination at Riot Games – 12/28/2021

Riot Games agreed to pay $100 million to settle a lawsuit alleging gender discrimination. In 2018, two now-former workers filed a complaint alleging gender discrimination, sexual harassment, and misconduct. It will pay $80 million to class-action suit plaintiffs from 2018, including hundreds of present and former California employees. Another $20 million will go toward the plaintiffs’ legal bills. The arrangement is still subject to final court approval, with a hearing scheduled in the coming months.

Gender Discrimination at King Studio LLC – 12/14/2021

YouTuber and TikTok star Zach King is being sued by a former producer who is accusing him of sexual harassment, wrongful termination, gender discrimination, among several other counts, according to a civil complaint filed by Elisabeth Logan in Los Angeles County’s Court. Logan claims that King created “an abusive work atmosphere” by stripping naked in her office and paying her less than male colleagues. A court summons states that King, his company, and even TikTok have 30 days to respond to accusations made by Logan. However, King has not publicly addressed the lawsuit.

Misogyny and Gender Discrimination at Amazon Web Services – 11/16/2021

Lawsuits filed against Amazon Web Services show a sexist, racist, and homophobic workplace environment. AWS employees signed an internal petition calling for an independent probe of the company. In response, AWS CEO Adam Selipsky affirmed to the petition’s authors that the company will conduct an investigation using outside counsel.

Gender Discrimination and Misogyny in Las Vegas Raiders – 10/28/2021

John Gruden, the head coach of the Las Vegas Raiders, resigned after The New York Times published an exposé detailing his homophobic and misogynistic tendencies in email correspondence. NFL official investigation found that Gruden had casually and frequently used sexist and homophobic language to disparage people surrounding the game and belittle some of the league’s historic developments.

Misogyny Against Phoenix Suns Owner – 10/22/2021

According to an ESPN-published report, Phoenix Suns owner Robert Sarver has been accused of sexual harassment, misogyny, and racism. Sarver denied or disputed most of the allegations through his legal team. The NBA announced that it will launch a thorough inquiry on the allegations.

Gender Discrimination By Paul Riley – 10/1/2021

North Carolina Courage fired its technical commander coach Paul Riley. The coach has been accused of sexual harassment and making insulting remarks about his players’ sexual orientation and weight for more than a decade.

Gender Discrimination at Blue Origin – 9/30/2021

Ally Abrams, former head of employee communications at Blue Origin, continues to battle the call for Jeff Bezos and his company to address its toxic and sexist work environment. Abrams, along with 21 others who are mostly former employees of the commercial spaceflight company, describes in an open letter the alleged toxic work culture of the company. Blue Origin has not responded to the specifics of the allegations and has released a statement that the company “has no tolerance for discrimination or harassment of any kind.”

Sexist Social Media Posts by Oakland Police Officers – 9/20/2021

An investigation by Oakland Police Department found that several police officers are guilty of posting racist memes and jokes about rape and police brutality on social media. 140 Oakland Police Department phones were confiscated and nine officers were placed on an unpaid suspension following the investigation.

Gender Discrimination at Liberty Warehouse – 9/17/2021

According to an EEOC lawsuit, the head chef of Liberty Warehouse sexually harassed a female kitchen staff and subjected her to sex discrimination that included unwanted touching, sexual comments, throwing objects at the women and belittling them based on their sex in front of coworkers. To settle the lawsuit, the restaurant group agreed to pay $125,000.

Bossie’s Harassing Behavior Towards Lil Nas X – 9/4/2021

Lil Nas X, an openly queer musician, has become controversial for expressing his queerness via his art. This report details how rapper Bossie Badazz, has repeatedly attacked Lil Nas X to the point of harassment by attacking the young musician’s homosexuality.

Gender Discrimination at Los Angeles Police Department – 8/27/2021

After complaining about sexual and gender harassment he witnessed, a bisexual LAPD officer claims that he faced backlash for reporting the incidents and was further mistreated due to his sexual orientation. In a lawsuit filed against the city, the plaintiff details his experiences of being retaliated against and harassed because of his bisexuality.

Gender Discrimination at Ukiah Police Department – 8/26/2021

A former Ukiah police officer claims that a UPD sergeant sexually assaulted her during a training program. She reported the incident to a superior but received no appropriate actions. The Ukiah Police Department, accused sergeant, and the city are now facing a lawsuit alleging harassment, discrimination, and retaliation.

Gender Discrimination by Mike Richards – 8/6/2021

In the past, ‘Jeopardy!’ executive producer Mike Richards was involved in sexual harassment and discrimination lawsuits filed by two former models at ‘The Price is Right.’ As a frontrunner in the consideration of a show’s new host, Richards is under fire for his past actions.

Gender Discrimination at Central Kitsap Fire and Rescue – 8/3/2021

Since beginning her employment with the Central Kitsap Fire and Rescue, a female employee has faced a series of harassing and discriminatory behavior on the basis of her gender in the workplace. After failing to have the issue resolved internally, the victim has decided to take the case to court.

Gender Discrimination at Amazon – 7/23/2021

Amazon has opened an investigation into allegations regarding the culture of its cloud-computing unit after an internal petition from more than 550 employees criticized it as having “an underlying culture of systemic discrimination, harassment, bullying and bias against women and under-represented groups.”

Gender Discrimination at Activision Blizzard – 7/22/2021

California sues Activision Blizzard following a two-year investigation that found out female employees of the video game company have been discriminated against in terms of compensation, promotion, and termination, while constantly being subjected to rape jokes, inappropriate behavior from male employees, and retaliation, among other different forms of harassment.

Misogyny within CBS’ Stations Group – 7/22/2021

Misconduct, racism, and misogyny allegedly reigned at a handful of CBS-owned stations, according to a Los Angeles Times investigation. After this report, CBS fired two senior managers in its Los Angeles and Chicago stations. CBS did not reveal the reasons behind the managers’ departures but it signified a dramatic management makeover in the network’s stations.

Sex Discrimination at Maine Department of Corrections – 7/14/2021

The Maine Department of Corrections is facing a civil lawsuit filed by Autumn Dinsmore, a correctional officer. Dinsmore alleges that she was subjected to sex and sexual orientation discrimination, harassment, and retaliation, along with other correctional officers. The department has refused to comment as the case is ongoing.

Gender Discrimination at Netflix – 7/14/2021

Netflix is facing a lawsuit alleging gender and race discrimination in the workplace. The suit has been filed by a former director in the streamer’s business and legal affairs department, claiming that she and several other women of Indian origin were subjected to systemic discrimination. Netflix has released a statement firmly denying the allegations.

Gender Discrimination at New Bedford Police Department – 7/13/2021

New Bedford and its high-ranking police officers are facing another lawsuit filed by another officer alleging retaliation and discrimination based on sexual orientation. Plaintiff Bryan Oliveira claims that a detective made derogatory slurs at him while his superiors did not address the incidents and even reprimanded him for standing up for himself.

Gender Discrimination at Macalester College – 7/12/2021

Ian Olson, a former Macalester College student has filed a lawsuit against the college alleging that he was discriminated against on the basis of sex and disability. The university reportedly expelled him after siding with Olson’s girlfriend who filed a complaint against him. Olson claims that his girlfriend beat him to file a Title IX complaint and said that the college’s procedures prevented him from fairly defending himself against her allegations.

Gender Discrimination Lawsuit Against Kris Jenner – 7/3/2021

Marc McWilliams, Kris Jenner’s security guard, has accused Jenner of groping him and making racist and homophobic remarks while he was working for her. He has now officially informed the court that he will be pushing through with a lawsuit against the “Keeping Up With the Kardashians” star. Kris is now required to respond to the claims in court.

Sexism at Lord Hobo and Wormtown Brewery – 6/30/2021

After Brienne Allan encouraged women to speak out about sexism and harassment occurring in their workplace, multiple allegations have rained down on many breweries nationwide. This resulted in several leaders and brewery owners issuing apologies and stepping down from their positions including leaders at Lord Hobo and Wormtown. The craft brewing industry is faced with the responsibility to quash existing systemic problems and lead major changes to prevent further incidents of harassment.

Sexism at Colony Diner – 6/24/2021

After an investigation by the labor rights agency, the EEOC has filed a lawsuit against Colony Diner alleging sexual harassment and discrimination. The diner’s owners and operators allegedly conducted unlawful employment practices and subjected female employees to a “hostile work environment based on sex.”

Sex Discrimination at Michigan Department of Corrections – 6/23/2021

Michigan prison officer Bridget Cadena has filed a lawsuit against the Michigan Department of Corrections alleging that she was harassed because of her sexual orientation which eventually became the reason that she was forced to quit her job. The suit is slated to go to trial in January but was postponed due to the pandemic.

Sexism at O’Connor Brewing Co. – 6/19/2021

Several former employees of O’Connor Brewing Co. took to social media to share stories of sexual harassment, sexism, and racism that they experienced at the brewery. The allegations also state that O’Connor leaders have been made aware of such issues but they either did nothing or responded with acts of retaliation. Due to these accusations, the brewery announced that a third-party investigation will be conducted and “redouble their efforts to ensure fair treatment to employees.

Gender Discrimination at Pacific University – 6/2/2021

Pacific University placed education professor Richard Paxton on leave to investigate complaints claiming that he made offensive comments during class about gender, gender identity, and other protected characteristics. The professor called the investigation “indefinite, unfounded, and unfair” and filed a lawsuit against the university. University officials denied such allegations and said that the investigation will be pursued and will be completed soon.

Gender Discrimination at Sony Electronics Inc. – 5/30/2021

Jennifer Pochue sued Sony Electronics in 2020 and her lawsuit allegations included sexual harassment and discrimination, retaliation, and wrongful termination. However, early this year, Pochue dropped her lawsuit against Sony Electronics Inc. The report did not say whether a settlement was made or whether Pochue decided not to pursue the action for other reasons.

Gender Discrimination at The College of New Jersey – 5/30/2021

In 2019, a professor anonymously filed a federal lawsuit against the college alleging discrimination based on her pregnancies, gender, and nationality. However, the case has undergone delays while her decision to stay anonymous is being argued in court. This report discusses the issue of anonymity in filing lawsuits and how the professor’s case will proceed.

La Puente Councilwoman Sues City Manager and Mayor for Gender Discrimination – 5/29/2021

Violeta Lewis, a councilwoman in La Puente, filed a lawsuit against Mayor Charlie Klinakis and City Manager Robert Lindsey in Los Angeles County Superior Court. According to the suit, Lindsey sexually harassed Lewis while Klinakis covered up for the city manager and subjected the councilwoman to a hostile work environment. Aside from sexual harassment, other charges filed include discrimination and harassment based on gender and race; retaliation; aiding and abetting; assault; and failure to investigate, prevent and correct violations of the California Fair Employment and Housing Act.

Sex Discrimination in the Supreme Court – 5/21/2021

The Colorado Judicial Department sought bids for a $350,000 contract for workplace harassment inquiry an investigation into allegations that a $2.5 million five-year contract given to former Supreme Court Administrator’s Office Chief of Staff Mindy Masias was in return for silencing a tell-all sexual discrimination lawsuit she planned to bring. Several local law firms have shown interest in the investigation.

Gender Discrimination at Microsoft – 5/19/2021

Internal Microsoft complaints reveal how women who worked there were “ignored, harassed, and degraded.” According to the class-action complaint filed by previous employees, the company discriminated against women in terms of compensation and promotions. In response, Satya Nadella, the CEO of Microsoft, said that the business will reform its process for dealing with employee complaints of harassment and discrimination in the workplace.

Sex Discrimination at Twin Peaks – 8/7/2020

A federal lawsuit alleging sex discrimination and harassment was filed against Twin Peaks, a restaurant chain. Thirty-four former employees came forward to share that the restaurant implemented inappropriate uniforms and a system for grading female servers’ bodies which resulted in a work environment where customers are allowed to harass servers.