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Employees in the nation’s capital are entitled to strong protections against sex discrimination in the workplace. This includes not only the protections afforded by Title VII of the Civil Rights Act of 1964 (Title VII) and the Equal Pay Act, but also the protections afforded by the Washington, D.C. Human Rights Act (DCHRA). If you are a victim, you may be entitled to monetary damages and/or other remedies, and you will want to consult with an experienced Washington D.C. employment discrimination lawyer about your legal rights promptly.
Understanding What Constitutes Sex Discrimination in the Workplace
Like other forms of discrimination in the workplace, sex discrimination can take many different forms. Here are seven examples of potential grounds to file a sex discrimination claim against your employer (or former employer) in Washington, D.C.:
1. Unequal Pay for Substantially Equal Work
The Equal Pay Act and the DCHRA require covered employers to provide equal pay regardless of sex for substantially equal work. As the U.S. Equal Employment Opportunity Commission (EEOC) explains, for unequal pay to constitute sex-based discrimination, “[t]he jobs need not be identical, but they must be substantially equal.”
As the EEOC also explains, the equal pay standard applies not only to wages and salary, but also to overtime pay, bonuses, profit sharing plans, paid time off and other benefits. The Equal Pay Act and the DCHRA both apply to virtually all employers in Washington D.C. regardless of size.
2. Unequal Standards for Job Opportunities and Promotions
Under Title VII and the DCHRA, employers can also be held liable for applying unequal standards for job opportunities and promotions. For example, if an employer only offers certain job opportunities to men, or if it promotes men at a substantially higher rate than women, this could provide grounds for a sex discrimination claim under Washington D.C. or federal law.
3. Unequal Standards for Remote Work and Other Conditions of Employment
Similarly, applying unequal standards for remote work and other conditions of employment can also serve as grounds for a sex discrimination claim. Along with the ability to work from home, this covers everything from location assignments and travel duties to policies regarding breaks during the day and taking vacation or paid time off.
4. Pregnancy-Related Discrimination
Pregnancy-related discrimination is considered a form of sex-based discrimination under Title VII (and it is considered a form of marital status discrimination under the DCHRA). Pregnancy discrimination can itself take many different forms, and it encompasses discriminatory employment practices related to all of the following:
- Potential pregnancy
- Current pregnancy
- Past pregnancy
- Medical conditions related to childbirth (including lactation and breastfeeding)
- Personal decisions regarding pregnancy-related matters (including birth control and abortion)
If you are a victim of pregnancy discrimination in the workplace, you may have a claim under Title VII, the DCHRA, or the Washington D.C. Protecting Pregnant Workers Fairness Act (PPWFA). An experienced Washington D.C. employment discrimination lawyer at our firm can assess your legal rights and take appropriate legal action on your behalf.
5. Basing Employment-Related Decisions on Perceived Gender Norms
An experienced Washington D.C. employment discrimination lawyer at our firm can also take appropriate legal action on your behalf if you have experienced discrimination related to perceived gender norms. This includes common unlawful bases for employment-related decisions such as:
- Perceived norms regarding childcare responsibilities
- Perceived norms regarding homemaker responsibilities
- Perceived norms regarding other “gender roles”
- Perceived norms regarding physical capabilities
- Perceived norms regarding assertiveness or leadership capabilities
While these perceived norms are all severely misguided and are vestiges of a different era, they remain pervasive in many employment settings. Ultimately, if you are being treated (or have been treated) differently at work because of your sex, this is enough to warrant speaking with a lawyer about your legal rights.
6. Verbal Sexual Harassment
Verbal sexual harassment constitutes a form of sex-based discrimination under Title VII and the DCHRA. Under the DCHRA, as amended by the Washington D.C. Human Rights Enhancement Amendment Act (DCHREAA), harassment is defined as, “conduct, whether direct or indirect, verbal or nonverbal, that unreasonably alters an individual’s terms, conditions, or privileges of employment or has the purpose or effect of creating an intimidating, hostile, or offensive work environment.” The law also specifically states that sexual harassment includes:
“Sexual advances, requests for sexual favors, or other conduct of a sexual nature where submission to the conduct is made either explicitly or implicitly a term or condition of employment or where submission to or rejection of the conduct is used as the basis for an employment decision affecting the individual’s employment.”
At the federal level, the EEOC advises that, “[a]lthough the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).” Whether employees have claims under Title VII, the DCHRA or both will depend on the specific circumstances at hand.
7. Physical Sexual Harassment
Along with verbal sexual harassment, physical sexual harassment also constitutes sex-based discrimination under Title VII and the DCHRA. If you have experienced any form of physical sexual harassment in the workplace, you should consult with a lawyer promptly. From unwanted touching to sexual assault, all forms of physical sexual harassment can provide clear grounds for current and former employees to take legal action under Washington, D.C. and federal law.
Discuss Your Legal Rights with an Experienced Washington D.C. Employment Discrimination Lawyer
If you need to know more about your legal rights as a current or former employee in Washington, D.C., we encourage you to contact us for a confidential consultation. Our lawyers handle all types of sexual harassment cases, and we can take legal action on your behalf promptly if warranted. To speak with an experienced Washington D.C. employment discrimination lawyer in confidence as soon as possible, call us at 410-514-6099 or tell us how we can reach you online now.