Gender-based discrimination is prohibited by Title VII. The Civil Rights Act of 1964, in combination with the Civil Rights Act of 1991, serves to protect the rights of various groups of people from discrimination in the workplace based on membership in a protected category. Gender is a protected category. The Civil Rights Act of 1991 clarified the scope of protection and remedies available to victims of discrimination. Several federal agencies work closely with state governments and employers to prevent discrimination in the workplace. These include the Department of Labor and the Equal Employment Opportunity Commission.
Under federal law it is unlawful to discriminate against an employee or potential employee based on gender. Gender discrimination applies not only to females, but also applies to males.
The ban on discrimination applies to hiring and firing practices, as well as promotion, pay, job training or any other term, condition or privilege of employment.
Protected Categories are groups of persons with characteristics in common, such as race, sex or nationality, that Congress has decided must be protected from discriminatory practices. Congress generally bases this determination on a history of discrimination.
Classification refers to the practice of coding applications for employment based on gender. While this practice is not prohibited under the law, it can be used as evidence against the employer when minorities are excluded from employment or from certain positions.
Filing Requirements and Limitations
Your claim must first be pre-filed with the EEOC within 180 days of the potentially unlawful action or within 300 days of the unlawful action if your state is a referral jurisdiction state. Tennessee is a referral jurisdiction state. The deadline will not be extended because of internal investigation of the incident within the company.
A lawsuit must be filed within 90 days of the receipt of a right-to-sue letter from the EEOC.
If you believe that you have been discriminated against based on gender, it is best to contact an attorney immediately, who will advise you of your rights and duties under the law.
The federal law that governs gender discrimination, the Civil Rights Act of 1964, also known as Title VII, only applies to companies and businesses with 15 or more employees.
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