Sex Discrimination

When we refer to sex discrimination it often is not purely a matter of gender but, rather, the corresponding characteristics that one gender brings to employment versus another. Thus, courts and agencies have interpreted these laws to prohibit the following:

• Unequal grooming standards
• Gender stereotyping
• Treating pregnancy more adversely than other acute medical conditions
• Family responsibility discrimination (i.e. discriminating against the employee because of his or her duties as a mother or father)

In the past, sexual orientation was not considered equal to gender for purposes of sexual discrimination laws. A small handful of local governments passed ordinances banning sexual orientation discrimination. Since the Supreme Court decision striking down state bans on same-sex marriage, the Equal Employment Opportunity Commission and Michigan Department of Civil Rights have expressed that sexual orientation is (or should be) equivalent to gender for purposes of these laws. Courts likewise have expressed the same equivalency in some recent rulings.

Equal pay claims are more difficult, but not impossible, to claim because of the “nearly identical” job duties, responsibilities, and conditions that must exist. The plaintiff must establish that all of the relevant aspects of his or her employment situation were “nearly identical” to those with whom the plaintiff compares himself or herself. The relevant factors include the skill, effort, and responsibilities of each job as well as the working conditions under which each job is performed.

If you are the victim of sex discrimination, you do not have to suffer or “deal with it.” Our sex discrimination attorneys will explain all of your rights, explore every option, and provide you with aggressive representation when needed. We have a proven track record of achieving successful outcomes inside and outside of the courtroom. Schedule a consultation with The Schipper Law Group by filling out the form here or by calling us at (248) 729-2414.