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Gibsons

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Sex Discrimination

Federal and Ohio law prohibit employers from discriminating against employees due to their sex. Therefore, in making an employment decision, such as hiring, firing, promoting, or pay, employers cannot consider the employee’s gender.

Sadly, some employers today allow their misconceptions and biases about gender to impact their employment decisions. They may choose to hire a male employee over a female employee, believing that the female employee will want to take time off work down the road to have children or stop work altogether to stay at home with the children. Employers also may prefer a specific gender for certain positions or tasks, believing that the gender they select is better equipped for the position. Basing employment decisions on sexual stereotypes, however, is unlawful.

Evidence of sex discrimination in the workplace is usually less obvious today. Evidence of some of the more subtle forms of sex discrimination may include:

  • Employer treats an employee less favorably than employees from the opposite sex.
  • Employer provides sexual stereotypes as the basis for employment decisions, such as the position is better suited for a female.
  • Managers or co-workers make statements based on sex, such as sexual stereotypes, harassing comments, or jokes.
  • Employer provides a reason for an employment decision (e.g., failing to hire, firing, disciplining) regarding an employee, which is not supported by the factual evidence.

The law also requires that employers provide a workplace that is free from sexual harassment. If an employer allows a sexually hostile work environment, it can be held legally liable.

If you have been discriminated against as a result of your sex, contact us today at 513-834-8254 for a free consultation to discuss your right to recovery.