Sex Discrimination

Sex Discrimination in Employment is Unlawful

Sex discrimination in employment is unlawful. Employee and applicants are protected from discrimination.

This practice provides experienced counsel and representation to individuals facing sex discrimination. Steven Murray has successfully represented individuals asserting sex discrimination claims in actions before United States District Courts, including representing private sector employees, and employees of federal, state, and local government agencies.

Sex Discrimination Law

Title VII of the Civil Rights Act of 1964, a federal law, and the Colorado Anti-Discrimination Act [CADA], prohibit sex discrimination. Title VII applies to employers with 15 or more employees, labor organizations, and employment agencies. The CADA applies to employers with one or more employees.

The Equal Pay Act of 1963 [EPA], a federal law, requires employers to pay equal wages to women and men in the same establishment for performing substantially equal work. The EPA applies to jobs requiring substantially equal skill, effort, and responsibility, and performed under similar working conditions. The EPA covers all forms of pay, i.e. salary, overtime pay, bonuses.

Discriminatory Actions

Sex discrimination involves treating an individual differently and adversely because of the person’s sex. An employer may not take adverse actions against an employee or applicant because of sex. Adverse employment actions constitute a significant change in employment status. Examples include failure to hire, promotion, demotion, compensation, job assignments, and discharge.

An employer may not limit, segregate, or classify employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his or her status because of such individual’s sex.

An employer engages in sex discrimination when the employer denies a person equal employment opportunity because of sexual stereotyping. Examples of potentially unlawful sexual stereotyping include:

  • An employer refuses to promote a qualified male to a supervisory position because the employee’s conduct and appearance does not conform to the traditional male stereotype of masculinity; or

  • An employer refuses to hire well-qualified female employees for an off-site construction project because the construction project requires living at the construction site for a short period, and the employer refuses to allow the female and male employees to live at the work site at the same time.

Sexual Orientation & Gender Identity Discrimination

Legal representation is provided to persons subjected to employment discrimination based on sexual orientation and gender identity.

Pregnancy Discrimination

Discrimination of the basis of pregnancy, childbirth, or related medical conditions is unlawful employment discrimination because of sex.

Harassment/Hostile Work Environment

Sexual harassment is sex discrimination. An employer may not subject an employee to sexual harassment resulting in a tangible employment action, i.e. demotion; or the creation of a hostile, offensive work environment.

Conclusion

Murray Law welcomes the opportunity to provide counsel and representation to any person who believes that he or she has been denied the right to be free from sex discrimination in the workplace. We look forward to meeting with you. Please contact Steven Murray at 720-600-6642.

Resources

The Equal Employment Opportunity Commission [EEOC] provides guidance, explanation, and discussion concerning sex discrimination. See https://www.eeoc.gov/laws/types/sex.cfm

And re: sexual harassment, see https://www.eeoc.gov/laws/types/sexual_harassment.cfm

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