What is Gender or Sex Discrimination?
Defining Gender Discrimination
Discrimination based on gender or sex is unlawful under both Massachusetts and federal law. Broadly, gender or sex discrimination means taking a negative employment action against someone based on their gender or sex. It can also apply where a facially gender-neutral policy, such as a lifting or physical requirement, has a disparate and unnecessary impact on one gender (usually female).
Sexual harassment is a form of gender discrimination, as is unequal pay between men and women for comparable work. These are also both independently protected by separate statutes.
Under Massachusetts law, sexual orientation and gender identity are specific protected classes. under federal law, courts have held that this is a form of sex discrimination, meaning you can still seek recourse under federal law if you are discriminated against on this basis.
Learn more here about gender and sex discrimination.
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