Gender Discrimination

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Boston Gender Discrimination Attorneys

Under state and federal law, gender discrimination is prohibited in the workplace. In 1963, Congress enacted the Federal Equal Pay Act to guarantee equal pay for equal work among men and women. Title VII of the Civil Rights Act of 1964 provides much broader protection by prohibiting all types of gender discrimination. In addition to unequal pay, unlawful discrimination under Title VII may include:

There are certain statutes of which employees with caregiver responsibilities can avail themselves. The Pregnancy Discrimination Act amended Title VII in 1978 to guarantee equal benefits to pregnant women. Under the Massachusetts Fair Employment Practices Act (M.G.L. c. 151B) and its own version of the Equal Pay Act, Massachusetts provides a similar range of protections to employees who suffer discrimination based on gender. 

A New Breed of Gender Bias: Family Rights Discrimination

Family rights discrimination (FRD) is defined as discrimination against an employee who serves as a caregiver to a family member. The number of such cases have grown significantly over the past three decades, going from just 8 cases in the 1970s to a total of 481 in 2005. FRD cases have yielded substantial verdicts, averaging slightly over $100,000 with a high of $25 million.

Under the Family Medical Leave Act (FMLA), employers are required to grant employees up to 12 workweeks of unpaid leave during any 12-month period for the birth and care of a newborn child. The same rights apply to employees who adopt. Upon return from FMLA leave, the employer is required to restore the employee in the same position. Where the same position is unavailable, the employer must provide the worker with a position that is substantially equal in pay, benefits, and responsibility. In order to qualify for FMLA leave, an employee must have completed at least 12 months of employment, must have worked at least 1,250 hours in the preceding 12 month period, and the company must employ at least 50 workers within 75 miles.

In contrast, under the Massachusetts Maternity Leave Act (MMLA) (M.G.L. c. 149, s. 105D) leave, employers must grant an eligible employee only 8 workweeks of unpaid leave. Compared to the FMLA, however, the threshold to become eligible for MMLA leave is lower. Moreover, as the Massachusetts Commission Against Discrimination's (MCAD) Guidelines make clear, MMLA leave can be taken more than once in a 12 month period:

"Under the MMLA, an employee may take a maternity leave each time she gives birth or adopts a child. Thus, for example, if an employee gives birth in January and adopts a second child in March, she would be entitled to two separate eight-week maternity leaves under the MMLA for a total of 16 weeks. By contrast, under the FMLA, leave is limited to a maximum of 12 weeks in a 12-month period."

Unfortunately, many employers continue to fail to extend the MMLA's benefits to male employees which likely violates Title VII and the Fair Employment Practices Act.

Gender Discrimination: Facts & Figures

Research indicates that, by conservative estimates, between 10% and 25% of America's 40 million working women suffer some form of job discrimination every decade. Research also suggests that as little as 5% of the women who experience discrimination take legal action. In a recent poll conducted by The Wage Project, more than half of female employees who believed they had been treated differently based on gender reported taking no action due to fear of retaliation. Under both federal and state law, retaliation for reporting disparate treatment based on gender is illegal.

Weighing Your Options

Gender discrimination can take on many forms, some more obvious than others. Certain traits that are perceived as positive in men may be perceived negatively in women, and women may face obstacles in advancement that men do not encounter. A woman who is better qualified may lose a position to her male counterpart.

Please feel free to visit our blog to read about recent developments in gender discrimination both in Massachusetts and across the country: Boston Employment Lawyer Blog - Gender Discrimination Articles.

Conforto Law Group represents individuals in Greater Boston and throughout Massachusetts who have been subjected to adverse employment actions and unfair treatment based on gender. We pride ourselves in aggressively advocating the interests of our clients. To arrange a consultation with an attorney, contact Conforto Law Group online or at (617) 721-9139.

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