Federal and state laws prohibit discrimination based on an employee’s gender. This includes discrimination based on pregnancy, because only women can become pregnant, so discrimination against pregnant employees is inherently discrimination against women.

To prove a case for gender discrimination, you essentially must prove that your employer discriminated against you in the terms, conditions, or privileges of your employment because of your gender.

Another way to prove discrimination based on gender is the so-called “disparate impact” theory. While difficult to prove, this analysis basically examines what appear at first glance to be neutral rules or hiring criteria that have the effect of discriminating against women.

For example, an employer might have a policy requiring its employees to weigh a minimum of 150 pounds and have a low body-fat percentage. Although such a policy does not sound inherently discriminatory, it would have the effect of eliminating almost all female candidates (because many women weigh less than 150 pounds, and most women who weigh more than 150 pounds do not have a low body-fat percentage). Such a policy would have a “disparate” (different) impact on females and would probably be illegal as gender discrimination.

If you believe you have been discriminated against because of your gender, we invite you to contact us today for a free consultation to discuss this and any other employment law questions you might have.