Employment laws the protect women in the workplace
In the US, several federal employment laws protect the rights of women in the workplace. The Equal Employment Opportunity Commission and the Department of Labor are the main enforcers.
However, the job of protecting your rights often starts with you knowing the laws and recognizing discrimination in the workplace. If you believe you might have a case to take to an attorney, here are the basic laws you should know.
Title VII of the Civil Rights Act of 1964
The Civil Rights Act of 1964 is the modern foundation of nearly all anti-discrimination laws. Title VII of the law covers a wide range of issues, including both gender-based discrimination and sexual harassment. Supreme Court rulings since the Act’s passage have affirmed that the law also protects gay and transgender workers.
Sexual harassment is one of the most common workplace concerns. The most overt examples include the trading of sexual favors in the workplace. In practice, some employees also choose to speak with workplace harassment legal support to better understand their options. This means that no one at work should request a sex act or discriminate against anyone who refuses one.
The law also addresses the broader concept of a hostile work environment. The law focuses on conduct that is severe and pervasive, meaning the perpetrator regularly makes unwarranted remarks.
Equal Pay Act of 1963
The Equal Pay Act of 1963 requires employers to pay the same amount for “substantially equal” work. If two people with similar experience and backgrounds are performing similar work, their pay should be fairly close.
Lilly Ledbetter Fair Pay Act of 2009
The Lilly Ledbetter Fair Pay Act isn’t strictly a gender-focused law. However, it has big implications for women filing claims against employers. The statute of limitations for filing a claim regarding an unfair paycheck is 180 days from the time of the violation.
The Ledbetter Act says that each new violation resets the statute of limitations. In other words, if your employer keeps violating your rights with unfair pay, your right to pursue legal action resets with each unfair paycheck. This also means you accrue discriminatory paychecks, allowing you to demand years of back pay.
The Pregnancy Acts
Pregnancy is often the source of workplace discrimination against women. Three federal laws established the rules for fair treatment of pregnant women and mothers:
- Pregnancy Discrimination Act of 1978
- Pregnant Workers Fairness Act of 2023
- PUMP for Nursing Mothers Act of 2022
Taken together, these three laws prohibit discrimination against pregnant workers. The PWFA also requires reasonable accommodations for pregnant workers, including seating, water bottles, and regular restroom breaks. The PUMP Act adds privacy requirements for nursing mothers, including a rule stating that a bathroom doesn’t count as private enough. While these laws were passed on the federal level, many states offer further protections against discrimination, such as the Washington Law Against Discrimination.
Family and Medical Leave Act of 1993
Another act that isn’t gender-specific but still affects women more often is the Family and Medical Leave Act. The FMLA provides 12 weeks when an individual may take time off from work to deal with childcare. The 12-week period resets each year, although the employer has the option to use a calendar year, a year from the last requested leave, or a fiscal year.
Notably, the leave is unpaid. However, the law does require your employer to keep your health insurance benefits active during the leave.
Check the law to ensure your rights
Women in the workplace face disproportionate discrimination, but the law provides several tools for protecting their rights. If you believe you have a claim, contact an attorney to discuss your situation.
