Employment Law

“When you’ve worked hard, and done well, and walked through that door of opportunity . . . you do not slam it shut behind you . . . you reach back, and you give other folks the same chances that helped you succeed.” — Michelle Obama’s DNC speech, 9/4/12

Too often I hear from women that the glass ceiling is still alive and well; and that, unfortunately, deeply held biases continue to inform many employment decisions that are made.  Indeed, numerous studies and reports reveal that there are managers who believe that women are more effective than men at “take care” behaviors like supporting and rewarding employees, whereas men are better at “take charge” behaviors like delegating, influencing upward, and problem solving.  Studies also reveal that because of gender stereotyping, the demands placed on women are often greater than the demands placed on men.  For example, a woman’s subordinates may be more critical of her problem-solving abilities, resulting in diminished inter-personal power for her, which in turn results in negative performance outcomes.  This double standard serves like a self-fulfilling prophecy:  As women fail to meet the higher standards that are imposed on them, employer biases are reinforced and perpetuated.

Gender bias and stereotypical decision-making rears its ugly head in other ways too.  For example, a woman is overlooked for employment opportunities because the hiring manager assumes she will not want a position involving significant travel because she has children at home.  A woman is overlooked in favor of a male for a promotion because his direct, take charge manner is viewed favorably.  He is perceived to be better at managing and directing people and projects whereas the woman who exhibits the same behaviors is viewed to be too aggressive, over-bearing. When a man is out of the office during the day, it is presumed he is at a meeting.  When a woman is out of the office during the day, it is presumed she is dealing with kids or is out ill.

Fortunately, there are laws in place that are designed to redress denial of opportunity and other disparate treatment by employers.  Title VII is the federal law that makes it illegal for an employer to discriminate against women. Title VII also makes it illegal for employers to discriminate against individuals on account of race, color, national origin, and religion.  Other federal laws make it illegal for an employer to discriminate against individuals on account of age (the Age Discrimination in Employment Act or “ADEA”), and on account of disability (the Americans with Disabilities Act or “ADA”).  The Equal Pay Act (“EPA”) is another federal law that protects women.  It makes it illegal for an employer to pay a woman less than a man for equal work.  In addition to federal law protections, Minnesota State Law (the Minnesota Human Rights Act or “MHRA”) makes it illegal for employers to discriminate on the basis of age, disability, gender, race, color, national origin and religion.  Unlike federal law, the MHRA also makes it illegal for an employer to discriminate against an individual on account of sexual orientation.

If you have lost a job, been denied an opportunity, denied equal pay, or suffered some other differential treatment in employment, please contact me.  I provide confidential, no-charge, initial consultations.