Claims under Title VII
Most gender
discrimination claims are brought under Title VII -- although claims of unequal pay can
also be brought under the Equal Pay Act. In the future, we will be adding an article:
Introduction to the Equal Pay Act.
For a discussion of
how a Title VII claim is brought, see Pursuing an
Employment Discrimination Claim.
Generally, a Title VII
gender
discrimination claim can be brought by an employee (or job applicant) if the employer has
15 or more employees. Also, some state anti-discrimination laws allow an employer with
fewer than 15 employees to be sued for discrimination. For example, in Tennessee, any
employer with 8 or more employees can be sued for discrimination.
Common types of
sex or gender
discrimination claims involve allegations of failure to promote, unequal pay and wrongful
termination.
The most frequent
means of proving sex or gender discrimination is to show disparate treatment
(if you have
not read, Introduction to Employment Discrimination Law, you really should do so now). In other words, the plaintiff shows that
he or she has been treated less favorably than someone of a different gender.
Gender discrimination claims
can also be proved under a disparate impact theory.
With increasing frequency,
we are seeing gender discrimination claims brought by male employees who are alleging
disparate treatment based on affirmative action policies that the employer has in place to
increase employment (and promotional) opportunities for women.
