What is Gender Stereotyping?

May 19th, 2020

Gender stereotyping is having or promoting a fixed, preconceived idea of how people should look or behave based on their gender. Discrimination against protected classes of workers is illegal under Title VII of the Civil Rights Act; this includes gender discrimination. Although Title VII does not specifically mention gender identity, the Equal Employment Opportunity Commission (EEOC) and the courts have said that it is illegal for an employer to permit harassment or deny a worker employment opportunities on the basis of gender stereotypes. Forms of illegal stereotyping include the following:

  • A female employee does not behave or dress in a feminine manner
  • A male employee dresses or behaves effeminately
  • An employee marries or plans to marry a person of the same sex
  • An employee is transitioning from one gender to another
  • An employer only hires men or women for a particular position

The only exception to the last example would be if the employer has a bona fide occupational qualification, such as a theater director casting only women in women’s roles or vice versa. More subtle signs of gender stereotyping may include employers expecting men to act tough or women to be sympathetic. Also, an employer may require women, not men, to do certain duties, such as refill the coffee pot or clean the company kitchen, which could be considered discrimination.

Do I Have a Case?

Anytime employees are harassed, face retaliation in the workplace, or otherwise discriminated against because they are not conforming to gender stereotypes, they may have a legally valid discrimination claim. The discrimination can take place at any point during the employee-employer relationship, including during recruitment, hiring, training, promotion, compensation, or termination.

In a recent case, a court found that an employee had a viable discrimination claim based on gender stereotyping. The plaintiff was a freezer inspector subjected to repeated harassment by a Human Resources representative. The victim never made a formal complaint because of the defendant’s superiority. However, he did on numerous occasions ask the Human Resources representative to stop calling him derogatory names. The harassment did not stop, and the plaintiff was terminated after 11 years of service.

What If I am a Victim of Gender Stereotyping?

If you believe you are a victim of gender stereotyping at work, document the incidents carefully and report them to your company’s Human Resources department and to your supervisor. It is particularly important to keep detailed records about how and when you reported the incidents, and the responses you received.

If your complaints are ignored or if you suffer retaliation, the next step is to seek legal guidance from an experienced employment discrimination lawyer. A skilled attorney will help you decide whether you should file a claim with your state agency, the federal EEOC, or pursue a lawsuit.

Philadelphia Employment Discrimination Lawyers at Sidney L. Gold & Associates, P.C. Advocate for Workers Suffering from Gender Stereotypes

If you were discriminated against at work because you did not conform to gender stereotypes, reach out to one of our Philadelphia employment discrimination lawyers at Sidney L. Gold & Associates, P.C. For a free consultation, contact us online or call us at 215-569-1999. Located in Philadelphia and Pennsauken, New Jersey, we serve clients throughout southeastern Pennsylvania and South Jersey, including Wilkes-Barre, Scranton, northeast Philadelphia, Bucks County, Chester County, Delaware County, and Montgomery County.

EMPLOYMENT LAW PRACTICE AREAS
View All Practices
Sidney L. Gold SuperLawyer 16 years
Top Rated Lawyers Legal Leaders
american-registry-2017
ASLA 2019 badge
ATA Lifetime
BBB Rating
Best Lawyers Award Badge
Best Lawyers Award Badge
Institute Visionary Circle Badge
Best Employment lawyers in Philadelphia
2019 American Trail Lawyers badge
Lead Counsel Rated
life time achievement
million dollar advocates badge
AV Peer Review Rated
Philly Happening
Top one badge
martindale hubbell 2019
super lawyers badge
Gold American Registry 2020
© 2020 Sidney L. Gold and Associates, P.C. All rights reserved. [ Site Map | Privacy Policy ]

Attorney Advertising Materials. Sidney L. Gold is responsible for the content of this website. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

* The awards and accolades displayed on this website were issued to the attorneys, or the entire law firm by the respective providers of these honors. They are as follows, Avvo Inc., Super Lawyers®, Martindale Hubbell Peer Review Rated, ASLA 2019 Top 100 Lawyers, Million Dollar Advocates Forum, Legal Leaders Top Rated Lawyers 2018, Bar Register Preeminent Lawyer 2019, Happening List Winner 2019, BBB Accredited Business, National Association of Distinguished Counsel Top 1 Percent 2017, America's Top 100 Attorneys, The Employee Rights Advocacy Institute for law and policy 2017-2018, Best Lawyers 2019, Lead Counsel Rated, Top Employment Lawyers in Philadelphia, Association of American Trial Lawyers Top 100 in 2019 and Martindale Hubbell Client Champion Silver 2019. No aspect of these advertisements have been approved by the Supreme Court of New Jersey.

A Message to Our Customers About Coronavirus COVID-19:
PLEASE READ »

A Message to Our Clients About Coronavirus COVID-19:

At Sidney L. Gold & Associates, P.C. we view the safety and well-being of our clients, staff and business partners as our highest priority.

The situation regarding the COVID-19 virus is continually changing, and we are following all recommended guidelines to stay healthy.

Currently, our business will remain open to serve your needs.

We are happy to arrange for phone or video consultations should you have any concerns about keeping your scheduled appointments with us. We are also able to exchange documents via secure drives or email.

Should you have any concerns regarding an upcoming meeting with us, please contact us online or call 215-569-1999.

We are continuing to fight on behalf of our clients and that we are all able to handle things even if mandated by the government that we work remotely.

Thank you and take care.