2 October, 2020
As a societal issue, gender discrimination has long been an extraordinarily significant problem in American society. Despite advances in education and women's rights legislation in the United States over the last hundred years, women in the workforce still face a barrage of questionable behavior and discriminatory hiring practices on a regular basis.
On average, for example, women in general still only earn around 80% of the money of their male counterparts in the workplace, and women from ethnic minority groups may face even worse conditions on the job: Currently, Hispanic women in the United States earn around 50% less pay than white men occupying the same roles.
But contrasting pay-rates are only part of the wider picture of gender bias in the workplace. Despite being qualified for challenging and high-paying positions, many women in the United States may simply lack the opportunities to advance their careers.
Why Recognizing the Signs of Discrimination on the Basis of Gender is Important
So how did such a dire situation arise in a country where equality is often touted as a central national value? Moreover, what are the psychological effects of this form of discrimination? Answers relating to these questions are complex, but there are identifiable roots and consequences of this form of iniquity in American society.
At base, it is important to recognize the signs of this form of discrimination because there are ways to approach the issue from a legal standpoint. Offending employers can and should be held accountable for their discriminatory practices.
Indeed, discrimination on the basis of gender is currently illegal in the United States. This principle was enshrined in US legal code with the passage of laws such as the Equal Pay Act of 1963 and the Civil Rights Act of 1964. (A good Gender Discrimination lawyer will be trained to apply these laws to specific cases, and trusted West Coast employment lawyers can and will act as excellent guides towards equitable solutions in discrimination cases.)
Seeking a Just Outcome From a Legal Standpoint
As is often the case in human affairs, however, the existence of a particular law and the enforcement of that law are two separate issues: Indeed, despite legal protections afforded to women in the workplace, discrimination on the basis of gender is still widespread throughout the country. (In fact, many toxic employers even rely on the assumption that employees will not take their cases to court.)
This is due to a variety of different issues attending discrimination in the workplace. For example, women who are discriminated against may feel afraid of speaking with a Gender Discrimination attorney about bringing a case to court due to fears of reprisal from their employers or because they blame themselves for workplace abuses.
Indeed, discrimination on the basis of gender is often accompanied by misplaced feelings of shame. This is an intentional byproduct of discrimination: Many discriminatory employers attempt to blame their victims in order to absolve themselves of legal or professional consequences. Fortunately, a trained Gender Discrimination lawyer will be adept at countering bad-faith arguments on the part of such employers.
What Discrimination on the Basis of Gender Looks Like
To better understand this form of prejudice, it is also important to understand what discrimination on the basis of gender looks like on a day-to-day basis. Like many forms of prejudice, this form of discrimination can take on a variety of different forms.
During the hiring process, for example, a woman may be discriminated against simply because she is a woman: Newly-married women may have their job applications rejected because employers assume that they will be starting families in the near future and will require maternity leave. Those with families may be discriminated against because employers often stereotype working mothers as unreliable.
Discrimination on the basis of gender may also occur in other nefarious ways. For example, a woman who becomes pregnant may be effectively fired from her job in order to save an employer the cost of paying for maternity leave expenses. She may also be fired due to fulfilling childcare obligations at a later date. (Judges tend to take a very hard line on employers who commit these kind of discriminatory offenses.)
This form of gender prejudice can also extend into outright harassment. Throughout her time at a particular business, a woman may find that she is the subject of workplace jokes or insults about her job performance. This is particularly true when businesses operate as a kind of "boy's club" wherein women are demeaned on a regular basis. Indeed, discrimination on the basis of gender can quickly devolve into outright sexual harassment: The two issues are closely related.
Causes of Gender Discrimination
Like many forms of prejudice, discrimination on the basis of gender can originate from a wide variety of different sources. These can include outmoded social expectations, distorted beliefs, personal senses of entitlement, and outright bigotry.
For example, many industries in the United States have tended to exclusively hire male workers. As recently as fifty years ago, certain jobs were seen as "male-oriented" jobs fit only for men. For generations, in fact, occupational roles within society such as those held by doctors, lawyers, accountants, and business executives were primarily male-dominated; unfortunately, public acceptance of female professionals is a relatively recent phenomenon.
Even today, most executive positions are given to men; presently, less than 10% of the CEOs of Fortune 500 companies are women. Men outnumber women in the US Senate by a nearly three-to-one ratio. Even as society strives to become more inclusive, most women will face an uphill battle in the workforce at some point in their careers. The so-called "glass ceiling" is still vey much in effect in US society.
Effects of Discrimination Based on Gender
There can be little doubt that the effects of gender discrimination can be extraordinarily destructive on a person's mental health. Because many employers using discriminatory practices attempt to shame their victims into submission, for example, the victims of discrimination often struggle with grievous feelings of guilt and regret. They often blame themselves for the abuse that they have received from their employer.
The victims of these measures often do not realize that this form of emotional confusion is part and parcel of workplace discrimination. It is used to cause victims to question their role in the abuse and is often referred to by psychologists as "victim-blaming."
For example, an employer who fires an employee for taking maternity leave may use convoluted excuses to cover their tracks. They may cite a trumped-up "performance review" to justify their own discriminatory practices. These actions are smokescreens to conceal illegal behavior.
Sadly, an employee in such a situation may come to doubt their own performance at work and even come to believe their employer's excuses. Even if the employee worked hard at their job and made a good-faith effort to get along with and help their peers in the workplace, the employee may secretly blame themselves for their abrupt termination.
The employee in this situation may also worry about what their employer will say about them in court if a case is brought forward. They may worry about the way in which their future employment prospects will be affected by a "bad" reference from an abusive employer. (Fortunately, a good Gender Discrimination attorney will often be familiar with the tricks that such employers play to avoid taking responsibility for their actions.)
Undoubtedly, researching good West Coast employment lawyers can be a great first step towards holding toxic employers accountable for their actions. With the right counsel to guide them through the intricacies of the legal system, an employee who has been discriminated against can and should move forward to seek out a legal acknowledgement of their human rights.
