Sex and Gender Discrimination
The Law Office of Jorge Luis Rivas, Jr. also protects individuals who have been discriminated against or treated differently because of sex, gender, or pregnancy. It is also unlawful for an employer to discriminate against an individual because of gender identity, including transgender status or sexual orientation. We represent employees who have become victims of discrimination due to sex, gender, or pregnancy in the workplace. The victim and the harasser can be of either gender, and the victim and harasser can be the same sex. If you feel you are a victim of sex, gender, or pregnancy discrimination, contact our office to see if we can help.
Types of sex and gender discrimination in the workplace:
The employer hires / fires based on gender- It is unlawful for an employer to refuse to hire an individual because of their gender. As long as they meet the job requirements listed in the job description and have the skills and education to fulfill the job requirements, they cannot be discriminated against because of sex or gender. Similarly, an employer must be fair when terminating employees. The employer must have a fair hiring and firing practice. The employer should list company policies and disciplinary actions in their employer handbook and follow them fairly with all employees regardless of their sex or gender.
Fewer job duties for a specific gender- Job duties have to be assigned equally by the employer based on the job description. It does not matter what the sex of the employee is, as long as they can fulfill the job requirements.
Uneven distribution of bonuses- An employer cannot distribute bonuses unevenly based on sex or gender. The bonuses must be based on an equal system (position, sales, or time with the company) described in the employer's policies.
Advancement barriers- Advancement within the company should be based on an employee's performance, skills, and education. An employer cannot hold an employee back and not promote them because of sex or gender.
Unequal pay- An employer cannot pay individuals unfairly because of their sex or gender. Compensation should be based on the position, education, experience, and skills of the employee.
Types of pregnancy discrimination in the workplace:
Not hired- An employer cannot discriminate or refuse to hire an otherwise qualified applicant because she is pregnant.
Fired- An employer cannot fire an employee because she is pregnant.
Denied health benefits- A woman cannot be denied health benefits from her employer because she is pregnant.
Denied temporary work restrictions- If an employee has written doctor's restrictions due to pregnancy, an employer must respect them, and attempt to accomodate this employee in good faith. She cannot be terminated or retaliated against because of her pregnancy.
Not promoted- An employer cannot discriminate against or refuse to promote an otherwise qualified applicant because she is pregnant.
Prohibited to return to work after maternity leave - Absent any qualified circumstances, an employer generally cannot refuse to let an employee return to work after she took maternity leave.
Denial of Family Medical Leave Act (FMLA)- Under the Family Medical Leave Act (FMLA), an eligible employee is entitled to a total of 12 unpaid workweeks due to the birth of a child.
The Law Office of Jorge Rivas, Jr. provides services in El Paso, Anthony, Canutillo, Clint, Fabens, Fort Bliss,San Elizario, Tornillo