Title VII of the Civil Rights Act of 1964 prohibits gender and sex-based discrimination in federal workplaces. As an employee of the federal government, you are entitled to equal treatment regardless of your sex or gender. If you have been denied an employment opportunity or have been subjected to a hostile work environment because of your sex or gender, you may be entitled to back pay, benefits, and other remedies.
The first step in protecting your rights under Title VII is to file a discrimination claim with the Equal Employment Opportunity Commission (EEOC), starting with your agency’s equal employment opportunity counselor. Many cases are resolved at the agency level. However, if your EEOC case is unsuccessful, you may need to take your case to federal court. In either scenario, due to the complex rules and strict timelines involved, it is strongly in your best interests to seek experienced legal representation.
Q: I was passed over for a promotion in favor of a less-experienced co-worker of the opposite sex. Do I have a claim for gender discrimination?
Possibly. Title VII prohibits the federal government from making employment decisions based solely on a person’s sex or gender. If you were the most qualified candidate for the job and the job was still given to someone of the opposite sex, you may be a victim of gender discrimination.
Q: Is the federal government required to compensate men and women equally?
In addition to being subject to Title VII, the federal government is also subject to the Equal Pay Act. This law requires employers (including the government) to pay men and women equal compensation for substantially equal work. So, men and women serving in different roles need not be paid equally; however, those who perform the same job functions generally must be paid equally, even if they have different titles. The factors that are considered when assessing potential violations of the Equal Pay Act include:
Q: Can I file a gender discrimination claim based upon a general employment policy as opposed to a specific action directed at me personally?
Generally speaking, yes. As stated by the EEOC, “a[n] employment policy or practice that applies to everyone, regardless of sex, can be illegal if it has a negative impact on the employment of people of a certain sex and is not job-related or necessary to the operation of the business.”
Q: Is sexual harassment a form of gender discrimination?
Yes. Sexual harassment is considered a form of gender discrimination under Title VII. Both men and women can file sexual harassment claims for prohibited conduct such as: