Phillips & Associates

Sex Discrimination

Knowledgeable Employment Attorneys Representing Miami Residents

In 2019, the median earnings for women in Miami-Dade County were $31,875, while for men they were $37,875. Sex/gender discrimination can present a huge hurdle for workers applying for jobs or within the workplace. Federal, state, and county laws prohibit sex discrimination in Miami. Discrimination based on sex most often happens when an employer or prospective employer treats you differently from employees of the opposite sex. Both men and women can suffer from sex discrimination based on negative stereotypes about sex or gender. If you are a victim of discrimination, you should discuss your situation with the Miami sex discrimination lawyers at Phillips & Associates.

Sex/Gender Discrimination

The federal law that prohibits sex discrimination is Title VII of the Civil Rights Act. The law is enforced by the Equal Employment Opportunity Commission (EEOC) and applies to employers with at least 15 employees. Discrimination occurs when an employer makes an adverse employment decision against a job applicant, or employee, based on his or her sex or perceived sex. Sometimes discrimination involves making adverse employment decisions based on stigmatizing beliefs or stereo types about sex and gender, or the ability of men or women to do certain kinds of work.

The state law that prohibits sex discrimination is the Florida Civil Rights Act (FCRA). Under this law, like Title VII, an employer may not discriminate against someone regarding the terms, conditions, or privileges of employment or compensation based on sex/gender. Therefore, you should not be treated differently when it comes to hiring, pay, discipline, promotions, transfers, work assignments, layoffs, or firing simply because of your sex/gender. Our sex discrimination attorneys can help Miami residents bring claims based on any of these situations. You are protected against sex discrimination regardless of whether you are a man or a woman.

It is important to be aware that the state law does not prohibit discrimination based on gender identity or sexual orientation. However, the EEOC has found that discrimination based on sexual orientation or gender identity counts as sex discrimination under Title VII.

State and federal laws prohibit employers from making employment decisions based on sex or gender stereotypes. If there is proof of sex or gender stereotyping, it may be easier to establish that an adverse employment decision was made based on sex. For example, if you are a woman who, at the end of a job interview at an investment bank, was told that you would be happier at home with your children, this may be evidence of sex discrimination. Our Miami sex discrimination attorneys can investigate the events and help bring claims because of an employer’s misconduct.

Similarly, under the Miami-Dade County Human Rights Ordinance, it is unlawful for an employer to discriminate against someone based on his or her sex. This ordinance is enforced by the Commission on Human Rights Board.

Equal Pay

Additionally, the Equal Pay Act specifies that an employer cannot pay an employee less than what it pays to employees of the opposite sex for equal work. To show a prima facie case under this law, you would need to show that your employer paid different amounts to employees of the opposite sex for equal work, meaning work that required equal responsibilities, efforts, and skill under similar job conditions. This law is more limited than Title VII in that it only refers to pay, rather than other aspects of employment. However, you do not need to show that there was discriminatory intent for the wage difference under the Equal Pay Act.

Bona Fide Occupational Qualifications

Employers sometimes raise the defense that sex/gender is a bona fide occupational qualification. This defense usually comes up when an employer claims that sex is an integral part of a specific job and does not employ one sex to do that job. This is a very narrow exception, but an example would be not hiring a male actor for a commercial that requires a female actor in the role.

Discuss Your Case with a Sex Discrimination Lawyer in Miami

If you have been affected by sex/gender discrimination at your job, you should talk to a seasoned employment attorney. Call Phillips & Associates at (305) 549-5120 or complete our online form for a free consultation.

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