Gender discrimination in the workplace remains a persistent challenge for many employees. Despite progress toward workplace equality, individuals continue to face unequal treatment based on gender. In Massachusetts, both state and federal laws provide strong protections against gender-based discrimination. Understanding these protections, recognizing discriminatory practices, and knowing your rights are critical to ensuring fair treatment in the workplace.

What Is Gender Discrimination?

Gender discrimination occurs when an employee or job applicant is treated unfairly due to their gender, gender identity, or gender expression. This can take many forms, including hiring bias, unequal pay, lack of advancement opportunities, and workplace harassment.

Examples of gender discrimination include:

  • Paying employees of one gender less than their counterparts for the same work.
  • Denying promotions or leadership roles based on gender.
  • Holding employees to different performance standards due to gender-based assumptions.
  • Retaliating against employees who report or oppose gender discrimination.
  • Creating a hostile work environment through gender-based harassment.

Federal and State Protections Against Gender Discrimination

Title VII of the Civil Rights Act of 1964

At the federal level, Title VII of the Civil Rights Act prohibits employers from discriminating based on gender in hiring, firing, promotions, compensation, and other employment decisions. This law applies to employers with 15 or more employees and also protects employees from retaliation for reporting discrimination.

The Equal Pay Act (EPA)

The EPA mandates that men and women receive equal pay for equal work, requiring that jobs requiring the same skill, effort, and responsibility be compensated equally, regardless of gender.

Massachusetts State Law (Chapter 151B and the Massachusetts Equal Pay Act)

Massachusetts provides additional protections under Chapter 151B of the Massachusetts General Laws, which prohibits gender discrimination in workplaces with six or more employees. The Massachusetts Equal Pay Act (MEPA) further strengthens wage protections by ensuring equal pay for comparable work and preventing employers from asking about salary history during hiring.

These laws are enforced by the Massachusetts Commission Against Discrimination (MCAD), which investigates and resolves discrimination claims. Employees can also file lawsuits in court.

Recognizing Signs of Gender Discrimination

Gender discrimination can sometimes be subtle or masked as standard workplace practices. Some common signs include:

  • Unequal Pay: Male and female employees performing the same work but receiving different wages.
  • Biased Promotion Practices: Men or Women being favored over equally or more qualified male or female employees for leadership roles.
  • Workplace Harassment: Offensive remarks, inappropriate jokes, or unwanted advances targeting an employee based on gender.
  • Stereotyping: Employers assuming certain roles are more suitable for a particular gender, such as expecting women to handle administrative tasks regardless of their job description.
  • Disparate Disciplinary Actions: Holding employees to different behavioral or performance standards based on gender.

Steps to Take If You Experience Gender Discrimination

If you believe you are experiencing gender discrimination, taking action is essential. Here’s what you can do:

Document Everything

  • Keep a record of discriminatory comments, actions, or decisions.
  • Save emails, performance reviews, or any relevant documentation that supports your claim.

Report the Discrimination

  • Follow your company’s internal procedures for reporting discrimination, such as speaking with HR or filing a formal complaint.
  • If your employer fails to address the issue, you may need to escalate your complaint to an external agency.

File a Complaint with the MCAD

  • In Massachusetts, you can file a discrimination complaint with the MCAD within 300 days of the discriminatory act. The MCAD will investigate the claim and attempt to resolve it through mediation or legal proceedings.

How Greene and Hafer Can Help

At Greene and Hafer, we are committed to fighting workplace discrimination and ensuring employees receive the fair treatment they deserve. Our experienced employment law attorneys can help you navigate your case, whether you need assistance filing a complaint, negotiating a resolution, or pursuing litigation.

If you are facing gender discrimination in the workplace, contact Greene and Hafer today for a consultation. Together, we will advocate for your rights and work toward a just resolution. To schedule an appointment with an experienced attorney, contact our office today.