“Gender discrimination comes in a variety of forms and disguises,” states Levy (p. 115). Although, laws are in place to help advance the in equitability of women in the workforce, there remains a diplomatic urge for women to stand up for their rights. After decades of discrimination, women’s fortification falls under a number of equal rights laws. These laws include “Title VII of the Civil Rights Act of 1964, the Equal Pay Act, and the Family and Medical Leave Act (FLMA)” (Levy, n.d, p 115).
The Title VII of Civil Rights Act of 1964 “prohibits discrimination on the basis of sex” (Levy, p. 117). However, upon the introduction of the Civil Rights Act of 1964, the exclusion against sex discrimination was not included. Thus, “a southern legislator attempted to defeat the act by proposing an amendment that would add sex discrimination to the original list of Title VII classifications (race, color, religion, national origin),” states Levy (n.d, p. 117). Therefore, in 1978, Congress amended the Title VII with the inclusion of pregnancy as a type of sex discrimination.
In order to file a claim under the Title VII, “an individual must first file a complaint or claim with the Equal Employment Opportunity Commission” (Levy, n.d, p. 117). However, the reporting period is very short and strict. Therefore, an individual should act promptly to any potential sex discrimination suit. However, some sexual discrimination aggregate in the direction of gender discrimination.
Hence, gender discrimination concerns continue to evolve from the “Men Only Need Apply” status, to a more compelled discriminating behavior; therefore, the courts have advanced into different types of claims that are allowed under Title VII (Levy, n.d, p. 118). The complexity ranges from “refusing to hire or promote women, to using stereotypical thinking to exclude women from positions of authority, to making the workplace unconducive to women’s success,” exclaims Levy (n.d, p. 118).
Deliberate discrimination is simply distinguished through an employer’s statement that women cannot do certain jobs because of their gender. This action is called Express Disparate Treatment (Levy, n.d, p. 118). However, Title VII does allow such cases if there is “a bona fide occupational qualification” (Levy, n.d, p. 118). The “bona fide occupational qualification rule allows or the hiring of individuals based on race, sex, age, and national origin if these characteristics are bona fide occupational qualifications,” (US Legal). Therefore, the bona fide occupational qualifications are allowed as a defense if the employer can prove that no women can do the job.
Today, sexual/gender discrimination can be subtly hidden under glamor words like, “We found someone who is more qualified,” or “you did not have the managerial skills we were looking for,” and is called Implied Disparate Treatment (Levy. n.d, p. 120). Therefore, the evidence is in the influences of an employer and most often, hard to prove....