While gender equality in the workplace has made significant inroads, it is fair to say that, as a society, we have a long way to go. Study after study shows that women still earn less to their male counterparts, and that women are less likely to be hired or considered for certain roles in the workplace.
Sometimes employers wrongly make employment decisions based on their belief that women have certain defined roles within society, and in the workplace specifically. As a result, some employers make hiring decisions – illegally – based on their wrongly held beliefs that women, despite being capable and qualified, should not be selected for so-called masculine or physical jobs. Moreover, some employers discriminate by making only the female employees do what they consider “women’s work” – such as making the coffee or cleaning the break room.
Anti-discrimination laws are in place at both the Federal and State level that make sex discrimination (also known as gender discrimination), unlawful. At the Federal level, Title VII of the Civil Rights Act of 1964 makes it unlawful for any employer who employs 15 or more persons to discriminate based on sex. In Oregon, it is unlawful for employers with one or more employees to discriminate in the workplace based on sex (see ORS 659A.030).
It should be noted that Federal and State laws prohibiting sex discrimination also apply to men. Therefore, a male employee who is fired, demoted, or denied a promotion or benefits because of his gender may have a valid claim for sex discrimination.
“Equal Pay for Equal Work” laws have been on the books at both the Federal and State level for decades. In short, under these laws when individuals of both sexes undertake work that requires the same amount of skill, responsibility, and effort, and that work is performed under similar working conditions, the law requires that those individuals be paid equally. Despite those laws, wage discrimination in the workplace still exists.
Another example of employers wrongly making decisions based on gender based biases is the decision not hire women with preschool-age children based on the belief that mothers with young children should not be working outside the home.
If you’ve been fired or have experienced other adverse employment actions because of your sex, including wage discrimination, you may have the right to file a legal claim against your employer. Oregon law bans employment discrimination on the basis of sex. The Portland sex discrimination lawyers at Gilroy & Napoli will fight for you. Please fill out the contact form on this page today, or call us at (503) 620-9887, and let us review the details of your case.
We are proud to represent victims of sex discrimination throughout Oregon and the greater Portland Metro area including Clackamas County, Multnomah County, Washington County, Lake Oswego, Tualatin, Hillsboro, Beaverton, and Tigard.