Texas gender discrimination lawyers represent employees and applicants who suffer employment discrimination because of their gender or sex. Several federal and Texas employment laws protect employees from gender discrimination. These laws include Title VII of the Civil Rights Act of 1964, the Equal Pay Act, the Lilly Ledbetter Fair Pay Act, Pregnancy Discrimination Act and the Texas Labor Code. If you believe your employer discriminated against you on the basis of your gender then you should talk to a Texas employment discrimination lawyer right away. 

Gender discrimination in the Texas workplace

Texans may suffer discrimination at work because of their gender in many ways. People often think of gender discrimination or sex discrimination as sexual harassment. While sexual harassment is undoubtedly a form of gender discrimination, it is not the only form. Other examples of gender discrimination in the workplace include:

• Threatening victims of sexual harassment with adverse employment actions or violence if they report harassment;
• Favoring employees and applicants who adhere to sex or gender stereotypes over those that do not;
• Firing an employee to cover up sexual harassment or discrimination;
• Punishing women for being assertive when men would be rewarded for the same behavior;
• Favoring one sex over the other in hiring, promotions, bonuses and job opportunities;
• Paying men more than women although equally qualified and performing the same job duties;
• Allowing the workplace to become a hostile work environment on the basis of sex or gender;
• Creating gender-based dress codes that burden one sex over the other with no relation to the job;
• Making employment decisions based upon sexual orientation;
• Discriminating against pregnant mothers, childbirth and maternity leave.

Gender discrimination is a particularly broad area of discrimination because it includes both discrimination based on physical attributes as well as personal decisions, such as conformity with gender stereotypes. It also includes discriminatory acts where the perpetrator asks the victim for sexual favors or romantic favors in exchange for a benefit or to prevent something negative, which is known as quid pro quo harassment or quid pro quo discrimination. Gender discrimination is not limited to quid pro quo harassment or hostile workplace discrimination. Gender discrimination occurs in any situation when an employee is treated less favorably than other employees because of the employee’s sex or gender. Gender discrimination can occur at any time during the employment relationship from hiring to termination. If you believe your employer discriminated against you on the basis of your gender, then you should talk to a Texas employment lawyer about your case.

Employment lawyers for sexual harassment claims

Sexual harassment is not only an unlawful form of employment discrimination but in many cases is also a criminal act. Sexual harassment becomes a crime of sexual assault if the harasser touches you in a sexual manner that is unwelcome or against your will. If you are offered a job, promotion, or pay increase in exchange for sex, then it may also constitute criminal solicitation. Sexual harassment is unlawful under Title VII of the Civil Rights Act of 1964 and Chapter 21 of the Texas Labor Code.

There are two forms of sexual harassment under employment discrimination laws:

• Hostile work environment
• Quid pro quo

Hostile work environment

Hostile work environment-based harassment claims arises when the employee is subject to severe or pervasive offensive conduct related to the employee’s gender or sex. A claim arises when the offensive conduct is so severe or pervasive that the workplace becomes intimidating, hostile, or abusive, and enduring the offensive conduct becomes a condition of continued employment or it results in an adverse employment action. The participants in a hostile environment can be anybody in your workplace. It may be managers, coworkers, clients, customers, or vendors. 

There is no bright line test for when offensive conduct becomes unlawful. The legal standard is:

1. did the employee find the conduct so offensive that it became intimidating, hostile, or abusive; AND
2. would a reasonable person agree.

The offensive conduct may include derogatory comments, slurs, jokes, threats, ridicule, mockery, unwelcome touching, offensive objects or pictures and interference with work performance. Individual comments or acts generally do not meet the legal standard unless it involves unwelcome sexual touching. 

Quid pro quo harassment

Quid pro quo harassment occurs when the employer bases an employment decision on the employee’s willingness or lack of willingness to engage in sexual or romantic acts with a supervisor. The employer may promise a promotion or pay raise in exchange for sexual favors or a date. Alternatively, the employer may threaten to demote, fire, or otherwise harm the employee’s job if the employee does not engage in sexual or romantic acts. The employer’s promises to benefit the employee if the employee would be more receptive to sexual or romantic advances is a form of quid pro quo harassment.

Gender stereotypes in discrimination

Individual men and women may also be excluded from jobs or otherwise discriminated against because they do not fit traditional gender roles or do not fit the gender role for a particular job. A man might be considered “too feminine” or even “too masculine” for certain jobs. Similarly, a woman might be considered “too feminine” or “not feminine enough” for a particular job. Gender stereotypes can also come into play where the job itself has no stereotype attached but the supervisor feels like an individual does not fit into traditional gender stereotypes and does not want “that kind of person” working in that position. 

These gender stereotypes also become an issue in gender discrimination cases involving sexual orientation discrimination and transgender discrimination at work. Unfortunately in many workplaces employers continue to discriminate against LGBTQIA+ employees and applicants.

Sexual orientation discrimination 

Texans may face sexual orientation discrimination, especially when they are gay or lesbian. This form of gender discrimination may occur because the supervisor does not want gay or lesbian employees. The employer may become a hostile work environment when the supervisor or others in the workplace harass the employee for their orientation or because they do not fit traditional gender stereotypes. Gay and lesbian employees can also face sexual harassment from a supervisor who attempts to coerce a sexual or romantic relationship with a quid pro quo threat or promise. Same sex harassment is still sexual harassment.

Transgender discrimination

Discriminating against transgender employees and applicants is another form of gender discrimination. Like sexual orientation-based gender discrimination, transgender people can also face gender discrimination in many forms. An employer may discriminate against transgender workers like any other employee in hiring, firing, promoting, paying and other supervisory decisions. Transgender employees can also face discrimination due to dress codes.

Transgender employees are particularly vulnerable to gender-based harassment at work. The employer may allow the workplace to become a hostile work environment with derogatory comments about the transgender employee’s transition, gender stereotypes, or sexual orientation. A hostile work environment may also arise from singling out transgender employees for different restroom policies, intrusive questions about their transition, or exposing employees as transgender to humiliate them. Transgender workers can also face sexual harassment at work. A supervisor who attempts to coerce a sexual or romantic relationship with a quid pro quo threat or promise is still sexual harassment no matter the employee’s identity.