Law Offices of Emanuel S. Fish Maplewood, New Jersey

Employment Law: Employment Discrimination


If you have been abused, harassed, or discriminated against at work, or if you were wrongfully terminated, you have options. At the Law Offices of Emanuel S. Fish, we are committed to defending employees' rights in the workplace. We use our 45 years of combined legal experience and the latest technology to help you get compensation for lost income and damages. To learn more about protecting your rights, call us toll-free at 1-888-347-4529 or E-mail us.

Gender Discrimination

Attorney Emanuel S. Fish founded the Law Offices of Emanuel S. Fish in 1972 to help employees in the Newark area. Our attorneys have more than 45 years of combined legal experience to help employees seek compensation for violations of their rights in the workplace. Call us toll-free at 1-888-347-4529 or E-mail us for more information about employee rights.

Under federal law and many state laws, employers must not discriminate on the basis of gender. Employers may not discriminate in decisions regarding hiring, advancement, transfer, pay, benefits and other employment-related conditions. Both women and men are protected from gender-based discrimination. If your employer or a prospective employer has discriminated against you based on your gender, consult an attorney to learn your legal remedies.

Title VII

Title VII of the Civil Rights Act of 1964 bans sex discrimination by employers with at least 15 employees. Any discrimination on the basis of gender that affects the terms and conditions of employment is illegal. Sex discrimination occurs in many different forms, such as when a woman does not get a raise because her boss believes that she is on the "mommy track"; when a man is not promoted because he does not fit a gender stereotype; or when a woman is not hired because the job she seeks is a "man's job." The employer does not have to be of a different gender than the victim of discrimination.

Sex discrimination can happen in two ways:

Equal Pay Act

According to the US Department of Labor, women continue to earn only 75 cents for every dollar that men earn. The Equal Pay Act requires employers to pay employees the same amount for equal work, regardless of gender. Equal work means that the jobs in question require equal skill, responsibility and effort and are performed under similar conditions for the same employer.

The Equal Pay Act does not apply if one worker is more productive or has more seniority. While job duties must be the same, job titles do not need to be identical. The Equal Pay Act applies to wages and most benefits.

Pregnancy Discrimination Act

Title VII, through its Pregnancy Discrimination Act amendment, protects pregnant women from discrimination on the basis of pregnancy, childbirth or related medical conditions. Employers may not discriminate in hiring, provision of leave, benefits or other conditions of employment. Pregnant employees must be treated the same as other workers.

Harassment

Harassment on the basis of gender is prohibited by federal law. Sexual harassment takes two forms:

You do not have to tolerate sexual harassment. Make the situation known to your employer through the proper channels. Speak with an attorney for advice on how to proceed.

Consult an Attorney

Employees and applicants for employment have the right to be free from sex discrimination. Hiring, firing, training, promotion, compensation, benefits and other aspects of the employment relationship should never be based on gender unless gender is a bona fide occupational qualification. If you are concerned about gender discrimination, contact an attorney to discuss your case.

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