Gender Discrimination

Gender discrimination law involves the behavior of treating males and females differently based on merely their respective gender.  This can be seen through how a manager treats a worker of a particular gender.  It can also be seen in the level of pay obtained between male and female employees who do the same type of work.  It can also arise after one becomes pregnant and treatment at work changes.

There are both federal and state laws that protect employees from employment discrimination based on gender.  The requirements have some differences, but the issues are the same.

What inevitable arises in gender discrimination cases is the concept of “pretext.”  Employers in these cases usually come up with another reason for the treatment or termination other than gender.  The employee then has to show that those reasons were merely a pretext.  One method of doing so include showing that others in the same situation were treated in the same discriminatory manner.  Another method is showing an employer’s inconsistent explanations for the treatment.

Sometimes, the motivations for the treatment or termination of the employment is mixed.  Under state law, the plaintiff must show that the gender discrimination was a substantial factor for the treatment.