Know Your Rights:Equal treatment, equal potential for promotion- that’s how the law reads
It is wrong – and illegal – under both New York and federal law to discriminate against an employee based upon sex or gender identification. This means that with respect to all important job aspects – such as promotions – an employer cannot treat one person differently than others based upon gender.
Proving Gender Discrimination – The Theories for Discrimination
Are women in senior management and professional positions held to a different behavioral standard than men?
In one case, a female executive, described by supporters as “authoritative” and “formidable,” was denied a partnership because several male partners described her as “macho” and suggested she take “a course at charm school.” She had been advised by another partner that in order to improve her chances for partnership she should “walk more femininely,” wear makeup, have her hair styled and wear jewelry.
Proving that an employer’s articulated criteria for advancement is inconsistently applied to men and women, and is therefore a pretext to discriminate on the basis of sex, still remains a daunting challenge for women in various corporate cultures. These discriminatory phenomena, as with all forms of discrimination, require that plaintiffs prove their cases under one of the four general theories of discrimination:
- Disparate treatment — for example, paying women less than men
Policies or practices that perpetuate the effects of past discrimination — for example, a present day seniority system that was established at a time when overt discrimination against women was the custom and that is still causing adverse effects today
- Policies or practices, not justified by business necessity, causing an adverse impact on a protected group — for example, a selection system for promotion in a corporation by a team of male executives using subjective criteria, which result in eminently qualified females not being promoted
- Failure to make a “reasonable accommodation” for a qualified employee’s or applicant’s disability or religious observations and practices
If you believe you’re experiencing unfair treatment that stems from one of the categories of discrimination covered under the law, contact us now for a free, confidential consultation. And, remember, don’t quit!