Sexism is... Definition of the concept, signs, types

Gender discrimination is unfavorable treatment of a job applicant or company employee due to certain characteristics associated with his gender.

Gender discrimination is a serious offence. New Yorkers are protected from gender discrimination by employers under Title 7 of the Civil Rights Act of 1964 (Title 7), the Equal Pay Act of 1963, the New York State Civil Rights Act, and the City Civil Rights Act. New York.

Know your rights
Examples of illegal gender discrimination
Gender stereotypes and discrimination
Discriminatory policy
Working in a Hostile Environment
What to do about gender discrimination?
Legal protection from retaliation from the violator
How to file a claim
Remedies for gender discrimination

Know your rights

An employer does not have the right to make hiring decisions based on your gender.

Employers cannot base hiring decisions on your gender instead of on your skills and the quality of your work. This applies to decisions regarding hiring, firing, promotion, discipline, distribution of compensation, incentives, wages, training or any other terms and conditions of employment.

Men can be victims of gender discrimination.

Anyone, including men, can be harmed by unlawful gender discrimination. If you are a victim of gender discrimination, you are protected by New York State and City laws and US federal law.

Examples of gender discrimination

Gender discrimination can take many forms. New York City law covers a broader area than state or federal law, which means it is easier to prove discrimination. If you were treated worse than other employees because of your gender, you have grounds for a gender discrimination claim.

Hiring decisions made based on gender are illegal.

Making hiring or firing decisions based on gender or gender-based stereotypes is punishable by law.

Examples:

You apply for a job
in which you have experience and excellent qualifications, but you were not accepted due to the fact that one of the company’s regular clients is not comfortable communicating with women.
You are told that you are being laid off
due to company downsizing and reorganization, while male employees with the same title and less experience are keeping their jobs.
You are applying for a job as a welder. After you're hired, the owner of the company fires
you because all the other welders are men and he doesn't think a woman can “fit in” with the team.

Discriminatory promotion decisions violate the law

Gender discrimination laws also protect employees from being denied promotions and tenure based on your gender or stereotypes associated with your gender.

Examples:

You have been working in this company for many years, show exemplary results and have repeatedly become employee of the year. However, every time you apply for a promotion
, the position is filled by a less qualified male worker.
You worked for a company as a lower-level manager for many years and had excellent reviews. The number of responsibilities increased during this period, but this did not affect the basic rate and salary
. At the same time, your male colleagues have been promoted to middle or senior management levels due to increased job responsibilities.
You are a school psychologist for a three-year term. You have always received excellent performance reviews, including after returning from your last maternity leave. However, towards the end of your tenure, your manager questions the number of hours you worked because you are a mother. You have been denied a teaching contract
.

Pay differences based on gender are illegal

The Equal Pay Act (EPA) requires that men and women be paid equally for the same work in the same establishment. The work does not have to be the same, but the skills, effort and level of responsibility required should be identical. Also, the work must be performed on equal terms within the same institution. Two people with different jobs have the right to occupy positions of equal value in accordance with the tasks they perform.

The law protects you from differences based on gender in any form of compensation, including wages, overtime, bonuses, options, earnings, life insurance, vacation pay, or holiday pay.

Examples:

You have worked your way up to the position of regional manager. But you found out that a male regional manager with the same education and work experience will have a higher salary
than you.
health insurance
does not cover your husband because the company believes he will benefit himself from it. However, the wives of your male colleagues are fully protected by the insurance policy.
You are the best salesperson in the company, but your employer transfers
you to a territory that is not in demand, while a male employee with lower sales is given your territory and customer base, allowing him to make much more profit than you.
You work as a salesperson in a high-end men's clothing store. Male sales employees receive $12,000 a year in
clothing allowance Female employees do not receive such benefits. This may violate equal pay laws.
The school district hires cleaners and security guards to maintain school buildings. Cleaners and security guards perform the same duties, but security guards receive more pay than cleaners. All cleaners are women and all security guards are men. The district justifies higher wages for security guards by saying they must pass a civil service exam. Since workers in both positions perform the same tasks
, the fact that security guards take the civil service exam does not justify their higher wages.

Gender stereotypes and discrimination

An employer has no right to treat you with hostility because of gender stereotypes.

The law prohibits hiring employees based on stereotypes and assumptions about the abilities and characteristics of persons of a certain gender.

Examples

A woman applies for a sales job for which she has experience and professional qualifications, but a man is hired instead because the employer believes
that men are better able to use aggressive sales tactics.
A woman works at the front desk of a hotel. Her manager won't let
her work the higher paid night shifts because he doesn't think women should be working late at night.
A man gets a job as a child care worker, he has experience and excellent qualifications, but a woman is hired for this position because the employer assumes
that women are better with children.
The female worker wears suits with trousers and a short haircut. Her employer won't promote
her because she looks "too masculine." However, your employer may be allowed to set a dress code that requires men to wear ties and women to wear dresses or skirts.
Women in restaurants are required
to wear uniforms that emphasize femininity, but male workers in the same positions are required to wear much more conservative suits.

Employers cannot base discriminatory decisions on perceived reactions from other employees or customers.

Employers should not make decisions based on gender based on business considerations, such as employee relationships or negative reactions from clients or customers.

Gender discrimination at work - myth or reality?

upd. Most often I see this situation. In short: a girl is used to easily receiving material and other benefits without straining, and then encounters obstacles that require real skills/knowledge/abilities to solve. She objectively cannot get them and draws a conclusion about external reasons: “it’s because I’m a girl and you’re sexists.”

Examples from my surroundings: 1. A girl received machine guns and grades at the university for her beautiful eyes and with the help of charisma. I graduated from university and received a diploma in the same way. Then she went back to work and for five years has not been able to grow out of senior salesperson at an MTS retail outlet. Everyone around is to blame, primarily because they are sexists and “only guys are made bosses.” To an argument like “I don’t know, it seems like an equal match and your boss is also a girl,” the answer is “oh, well, she sucked.”

2. The girl studied at a secondary school in the field of communications and communication, then worked in a government institution for a couple of years as a system administrator. They were laid off. Now he walks around and whines that there’s no point in even going to interviews because they only hire guys. To my question about how many books she has read and how she has updated her knowledge regarding Systadmin technologies in recent years, she answers in the same manner, “Why, they only hire guys anyway.” When asked to go get some training and improve his equipment in order to keep up (or stand out) from the guys, he responds with the same whining. He cannot answer specific questions like “what network technologies are currently being used.” I offered her the contacts of my female sysadmin friends to consult and get recommendations, and the contacts also responded with insult. Fr. comes up with all the questions. I ask, “Do you really have to carry it every day? And none of your colleagues will help? The answer is “oh, you didn’t work there, how would you know.” I say, “I worked in the next office with the system administrators, there was a girl there, we helped her.” Answer: “Oh, what if they don’t help. And I also have to stretch cables there, and I have nails.” Etc. There are a million excuses and reasons not to try and not move, but the culprit, of course, is primarily the sexist bosses who only hire guys.

3. In one of the projects I worked with the head of the department - a woman of 50-55 years old. At every opportunity, she talks about how difficult it was for her to break through and how the company doesn’t like female managers. I began to find out (out of professional interest) her real skills in management and process management. I found out that my knowledge is about zero, there is no hardware, I held the last book on management in my hands in the 90s. They joke that “oh, I know everything better than any book.” Rumors say that she was pushed into this position through connections. The department hates her and awaits her as the second coming of her retirement. He appoints only girls as his deputies (even though they are all the same - zero competencies, ambition is all over the place).

etc. and so on.

Policies with discriminatory consequences

Unintentional gender discrimination is also illegal.

Corporate policies that appear neutral may be discriminatory if they disproportionately harm workers of a particular gender in cases where the policy is not job-related.

For example, a seemingly neutral policy requires all firefighter applicants to be at least 5'8″ tall, which automatically disproportionately excludes women. It may be discriminatory if the fire department cannot prove that the height requirement is rationally related to the performance of the job.

Gender discrimination can occur even in cases where the victim and the perpetrator are of the same gender.

The concept of "discrimination"

Discrimination in academia is a fairly common subject of research, which has its own contradictions.
Definition 1

Essentially, discrimination is the unequal, prohibited treatment of one group of people towards another. The purpose of discrimination and, accordingly, its result is to place a person in the least favorable situation in relation to another person. The manifestation of unequal treatment most often consists of infringing on a person’s rights and instructing other people to discriminate against a specific person on some basis.

The state at the legislative level prohibits all forms of discrimination. This prohibition fully covers the relationship between the state and the individual, and is also applied in certain areas of private law. For example, within the framework of labor relations. But there are also situations where discrimination is not seen. They relate to situations with activities dedicated to social protection, and where special rights related to pregnancy, motherhood, and large families are supported. Also, activities that support the rights of a particular social group are not considered discrimination: on the contrary, this phenomenon is called “positive discrimination.”

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Discrimination is a multifaceted phenomenon that can be expressed in several ways. In modern science, there are two types of discrimination:

Direct discrimination;
Indirect discrimination.

Direct discrimination occurs when the situation in relation to a particular person is more favorable than in relation to another person. This is based on some forbidden characteristic, according to which one person meets all the standards, and the second, precisely, does not comply, for which he is subject to pressure from the outside. For example, a case where they refuse to hire a female person, or a person of a certain age (pensioner).

A hostile work environment violates the law.

You can be a victim of gender discrimination even outside of any employer decision if gender-based harassment creates a hostile work environment.

A hostile work environment can be created by making jokes, tarnishing one's reputation, or making offensive or derogatory remarks about a particular gender.

If your boss is picky about everyone, or if he or she dislikes you for personal reasons, then civil law laws do not apply. There is no legal requirement that employees be treated with courtesy, kindness, or even respect.

Hostile behavior must be more than trivial or petty

New York City has a broad standard regarding a hostile work environment, which is defined as treating others more poorly because of your gender once the treatment crosses the line of “minor incident” or “minor inconvenience.”

Federal and state law requires that such behavior must be either substantially severe or widespread. It is important to publicize incidents of aggressive behavior to clearly demonstrate that such statements are unacceptable and unwelcome.

The offender does not have to be your supervisor

The idea that only your manager can create a hostile work environment is incorrect. Employers have a responsibility to prevent gender discrimination.

However, employers are generally responsible for the behavior of the manager, as well as for the behavior of employees who are not superior colleagues of the victim of discrimination, in the event of complaints about the violator or if the violator has committed actions towards other employees. If a company knew or should have known about the discrimination, it may be liable for it.

A co-worker, a manager in another department of the company, or a supplier may be the offender.

Benevolent sexism

In contrast to obvious gender discrimination, manifested in the assertion of female inferiority, benevolent sexism is the idealization of the fairer sex as a soft, gentle, vulnerable creature that requires reverent protection. This phenomenon is often perceived by society positively, perhaps even flatteringly towards women. However, it simply complements aggressive sexism, contributing to the humiliation of women in such areas of life as politics, economics, business, and religion. It's like the carrot and stick method. The carrot is benevolent sexism that encourages women to fulfill their biological destiny, while the stick is aggressive discrimination used to blame.

What to do if you are a victim of discrimination

Discrimination can happen in any workplace. If you believe you are a victim of discrimination or a hostile work environment, there are several steps you need to take now:

Clearly state that this behavior is unacceptable and make audio recordings confirming that you have done so.

Start keeping records of discrimination and/or abuse. Check the details - write down the time and place of the incident, what was said and done, who witnessed it.
Keep doing your job. Make copies of documents confirming the good quality of your work.
Find support from friends and family, clergy and, if necessary, a qualified psychologist. Harassment at work can create stressful situations and can be a very serious problem to deal with alone.
Report the incident to your supervisor and Human Resources in writing. Tell them about the situation as a whole and what steps to take to resolve it.
Review the instructions for company employees. If your employer has ways to handle these types of situations on-site, please contact them.
Save all relevant information such as letters, pictures or voice recordings sent to you.
Put all your complaints in writing and keep copies at home.

Examples of discrimination

World War II - In Germany and German-controlled lands, Jewish people were required to wear yellow stars to identify themselves as Jews. Later, Jews were placed in concentration camps by the Nazis.

Racial discrimination in South Africa. Apartheid (literally "separation") was a system of racial segregation that was enforced in South Africa from 1948 to 1994. Non-white people were denied the right to vote and lived in segregated communities.

Age discrimination is discrimination against a person or group on the basis of age.

Gender Discriminatio N: In Western society, while women are often discriminated against in the workplace, men are often discriminated against in the home and family. For example, after a divorce, women receive primary custody of children much more often than men. Women on average earn less than men for the same job

Retaliating against your offender is also illegal.

If you file a gender discrimination complaint, your employer's actions are illegal if they are directed against you.

An employer may not prevent an applicant or employee from filing a discrimination complaint with or participating in an Equal Employment Opportunity Commission or other state or city agency, including as a witness, investigation or investigation. trial.

Difference between prejudice and discrimination

A biased person cannot act on their relationship. In this way, someone can be disadvantaged towards a certain group, but not discriminate against them. Additionally, harm involves all three components of an attitude (affective, behavioral, and emotional), whereas discrimination simply involves behavior.

See also: “I want, I can, I can’t” or how to set a goal correctly

An extreme example of prejudice and discrimination would be the Nazis' mass murder of Jews in World War II, or the murder of Protestant Catholics and Protestant Catholics.

There are four main explanations for prejudice and discrimination:

1. Authoritarian personality
2. Realistic theory of conflict - cave of robbers
3. Stereotypes
4. social identity theory

Conformity can also be used as an explanation for prejudice if you are stuck writing a psychology essay.

You are protected from retaliation even if there was no discrimination

As long as you believe that gender discrimination or gender-based harassment is occurring at your job, your employer may not take any action against you that prevents you from participating in investigations or legal proceedings. It does not matter if a court or other agency later decides that there was no discrimination.

If you report discrimination and harassment in the workplace, the law protects you from possible retaliation.

The essence of gender discrimination

If, other things being equal, one person or social group begins to feel pressured and does not have the opportunity to equally distribute benefits based solely on their gender, we can talk about gender discrimination.

Definition1

Gender discrimination is a form of unequal treatment, oppression, reduction of rights and freedoms based on gender (as a physiological unit, as well as in a broad form of self-determination). That is, this form of discrimination can include both domestic violence against representatives of a certain gender, gender-based bullying, and the inability to enjoy all guaranteed rights and freedoms for people who have self-identified a gender different from their physiological given.

Gender discrimination, like any other form of discrimination, can be direct and indirect. Direct gender discrimination can be formulated in the form of doctrines, rules and regulations (“male/female professions”, priority of custody of a child after divorce) or expressed in the form of the inability to receive equal working conditions in case of refusal to perform typically prescribed gender roles.

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Hidden discrimination is more difficult to identify and takes the form of “desirability”: a young man as a potential employee is more “reliable” than a girl of childbearing age who may be going on maternity leave in the near future; a woman (with maternal instincts) is more suitable for positions that involve communication with children, etc. Although, there is no direct indication of gender during selection.

Note 1

Today, gender discrimination is recognized as a violation of rights and freedoms, which can and should be defended in the right field. Deprivation of the opportunity to satisfy one's needs and have equal access with the opposite sex are the main issues that are considered by the court. An “ordinary, everyday” phenomenon is recognized as a violation of the equal rights of citizens of many countries.

How to File a Gender Discrimination Claim

There are several options for filing a gender discrimination claim. You may file a complaint with the Equal Employment Opportunity Commission, which regulates violations of federal law, the New York State Division of Human Rights, or the New York City Human Rights Commission.

If your claim falls under multiple laws, as it usually does, the three discrimination agencies will work under what is called a “sharing agreement,” which means they will work on your case in collaboration with each other. . There is no need to file a claim with each agency. You just need to clarify that you want to file a claim with several institutions at the same time.

For specific information on how to file a complaint with the Equal Employment Opportunity Commission, the New York City Division of Human Rights, or the New York City Human Rights Commission, please see How to File a Discrimination Claim.

Comparison of gender discrimination laws

Section VII	New York State Human Rights Laws	New York City Human Rights Laws	Equal Pay Act
Distributed throughout the United States	Covers New York State	Covers New York City	Distributed throughout the United States
Applies to companies with more than 15 employees , including employment agencies, labor unions, federal, state and local governments, but does not apply to independent contractors or domestic service workers.	Applies to companies with more than 4 employees , including state and local government and domestic service personnel.	Applies to companies with more than 4 employees , including municipal employers and unpaid internships, as well as independent contractors under certain conditions.	Applies to almost all employers.
The first step is to file a complaint with the Equal Employment Opportunity Commission within 180 days of the incident.	You can file a human rights claim in New York State either in state court or with a civil rights office.	You have a choice between filing a human rights claim in state court or the New York City Human Rights Commission.	Your first option is to file a complaint with the Equal Employment Opportunity Commission (EEOC) or go directly to court.
However, if the charge is also subject to state or city laws, the filing period extends to 300 days.	If you decide to file a claim through an agency, you must do so within one year after the incident, or within 240 days if the claim is a Title VII claim.	If you decide to file a claim through an agency, you must do so within one year after the incident, or within 240 days if the claim is a Title VII claim.	The time limit to file a lawsuit or the EEOC is 2 years from the date of an unintentional violation or 3 years from the date of an intentional violation.
You cannot file a Title VII lawsuit in federal court without first filing an application with the Equal Employment Opportunity Commission.	You have 3 years from the date of the accident to file a claim in state court.	You have 3 years from the date of the accident to file a claim in state court.	Time to file a claim with the EEOC is not compensated for filing a claim in court. The application period begins on the date of the violation.
Remarks and negative evaluations of work results are provided only if they are accompanied by a salary reduction or demotion.	Remarks and negative evaluations of work results are provided only if they are accompanied by a salary reduction or demotion.	Evaluation of work quality and discipline are provided for by law, even if there has been no reduction in wages or demotion.	N/A; The Equal Pay Act is only about pay. This includes not only salary, overtime and bonuses, but stock options, profit sharing, life insurance, paid time off, and benefits or housing.
An unhealthy work environment involves cruelty and widespread harassment.	An unhealthy work environment involves cruelty and widespread harassment.	The standard for harassment is weakened. It is defined as “minor disrespect” or “minor inconvenience.”	N/A

Remedies for gender discrimination

If you can prove that you have become a victim of gender discrimination, then you can recover the following types of compensation:

Back pay
: Money and benefits you would have received if your employer had not fired you for discrimination or denied you a promotion or hire. This may include salary, bonuses, options, vacation time, healthcare expenses and retirement benefits.
Reinstatement
: Your employer may be required to reinstate you if you were fired, or give you a promotion that was denied.
Advance payments
: If you are not reinstated, the court may order your employer to pay a sum of money that compensates for lost wages due to discrimination. The amount of payments is determined by the court depending on how long it takes to find a job at the same salary level that you had before the illegal termination of your work activity. Advance payments include all lost benefits, such as delays in salary payments.
Damages
: Damages must “compensate” for any costs caused by the discrimination, including things like medical costs, lost wages, or the cost of finding a new job, and emotional distress and suffering.
Moral damages
: Moral damages costs should punish the employer and prevent future discriminatory acts. Under New York law, an employer may be subject to punitive damages if they were negligent, reckless, or knowingly disregarding your rights.
Legal Costs:
If your case is successful in court, your employer will have to pay your attorney, expert witness fees, and court costs.
Prejudgment Interest:
This is a percentage of the money you would have earned in the absence of discrimination or job loss.