Sex discrimination is of two types -- direct and indirect. Direct sex discrimination happens when an employer treats a woman less favorably than a man because of her marital status or sex. Indirect sex discrimination applies to policies or practices which, in reality, inconvenience one gender a lot more than the other although superficially, policies or practices seem to favor both genders.

A woman, if discriminated, has to prove that her employer discriminated against her on the grounds of her gender. Once the employee has established this, the burden shifts to the employer to show that he did not discriminated against the employee. In most cases, employers are not prepared to admit that they have discriminated. Hence, it is helpful if the complainant can produce relevant documents or letters.

Sex discrimination can be in any form. A person could be denied promotion, pay hikes or on-job training as part of this discrimination. In addition, if a person is subjected to disciplinary actions due to sex discrimination, it is still a legal violation and the employer can be sued for this.

Some of the things that you can do are file a complaint with the help of your union, use your employer’s internal grievance system or report the discrimination to your employer in writing. Finally you can also register a case. If you register a case in federal or state court, you must first file a formal complaint with the Equal Employment Opportunity Commission (EEOC). After you file a complaint, you can sue your employer for monetary losses or to retrieve your job.

The law does provide adequate protection for employees who are discriminated at workplace by their employers. And if the employer has policies to avoid sex discrimination, disciplinary actions could be taken against the responsible person. However, this prerogative lies with the employer and not the employee.

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