Nine Examples of Gender Discrimination in the Workplace

Gender discrimination at work doesn’t always look like an obvious insult or a blatant firing. Some forms are subtle, systemic, and easy to dismiss. Others are overt violations of federal law. Either way, you deserve to know the difference — and your rights.

We’ve gathered nine examples of gender discrimination that commonly take place within the office, whether they are reasons more known, or those that you may have not thought possible. We aim to provide everyone a full understanding of their rights in the workplace, so that you know when it’s appropriate to seek out an employment attorney.

1. Unequal Pay and the Gender Pay Gap

One of the most widespread yet underreported forms of discrimination, to this day, is unequal pay for equal work. According to the AAUW, the American Association for University Women, women made 81 cents to every dollar a man made in the workforce. Over a 40-year career, that accounts for about $542,000 in lost wages to the woman; this number exceeds $1M for women of color. The Equal Pay Act of 1963 and Title VII both prohibit pay discrimination based on sex, covering salary, bonuses, overtime, and benefits. If a coworker doing the same job earns more because of their gender, that is unlawful unequal pay.

2. Discriminatory Hiring Practices

Gender bias can begin before you even start a job. Discriminatory hiring occurs when employers screen out applicants, use gendered job postings, or make assumptions about a candidate’s capabilities based on sex. The EEOC explicitly prohibits employers from recruiting in ways that exclude people based on gender — for example, steering women away from higher-paying roles based on stereotypes about what jobs they should hold. An employer may not base hiring decisions one stereotypes and assumptions about a person’s race or gender, their sex (including transgender or pregnancy status), and other protected characteristics. If there is a test involved during the application process, the test must center the job role specifically, and not exclude people of a certain race or gender. 

3. Discriminatory Promotions and Disparate Treatment

When qualified employees are passed over for advancement because of their gender, that is disparate treatment — a legal term for being treated differently under similar circumstances. This form of discrimination is much harder to pin down, as it is trickier to determine the reasoning for a certain employee advancing over another. Signs include male colleagues with less experience being promoted first, or female managers being placed on a slower career track. The EEOC makes clear that the law covers every aspect of employment, including promotions and job assignments.

4. Pregnancy Discrimination

Treating an employee unfavorably because of pregnancy status, childbirth, or a related medical condition has been illegal since the Pregnancy Discrimination Act of 1978. This includes being fired, demoted, denied benefits, or given less desirable assignments because of a pregnancy. The National Women’s Law Center discusses the Pregnant Worker’s Fairness Act here. Signed in December 2022 by then-President Biden, it allows for pregnant workers to claim reasonable accommodations to address temporary limitations due to their status. While this law may be more loosely interpreted at the state level, this covers all employees within a company of 15 people or more.

5. FMLA Violations

The Family and Medical Leave Act gives eligible employees up to 12 weeks of protected unpaid leave for pregnancy, childbirth, or a serious health condition. Violations occur when employers deny that leave, count it against an employee in performance reviews, or use it as a reason to demote or discharge an employee. The U.S. Department of Labor notes that using FMLA leave as a negative factor in any employment decision is a direct FMLA violation. Both men and women can be FMLA targets when employers assume that only women will take leave.

6. Sexual Harassment and Hostile Work Environment

Sexual harassment is one of the most recognizable forms of gender discrimination. It covers unwanted advances, requests for sexual favors, offensive jokes, degrading comments, or any conduct severe enough to create a hostile environment. The EEOC distinguishes between quid pro quo harassment — where job benefits are conditioned on sexual compliance — and hostile work environment harassment, where offensive conduct from supervisors, coworkers, or even clients makes the workplace intolerable. An important note to understand is that the harasser can be the same gender as the victim.

7. Gender Stereotyping and Bias

Not all discrimination is loud. Bias and stereotyping often operate quietly — through comments about how a woman is “too emotional” to lead, assumptions that a man shouldn’t take parental leave, or performance reviews that hold women to different behavioral standards than men. The ACLU recognizes gender stereotyping related to caregiving responsibilities as a protected area under federal law (aclu.org). These assumptions can affect hiring, compensation, and advancement in ways that compound over time.

8. Unequal Access to Training and Advancement Opportunities

When employers systematically exclude one gender from mentorship programs, leadership development, or specialized training, they create unequal access to the tools needed to advance. The EEOC explicitly lists training as a protected term and condition of employment. If you are consistently left out of opportunities your colleagues receive — regardless of your performance — that disparity may reflect gender-based discrimination.

9. Retaliation for Whistleblowing

If you report gender discrimination — to HR, to a supervisor, or to the EEOC — and your employer responds by punishing you, that is retaliation, and it is independently illegal. Retaliation can take the form of reduced hours, poor performance evaluations, demotion, termination, or a suddenly hostile work environment. Whistleblower Network News is clear that whistleblowing about discrimination is protected activity, even if the underlying complaint is ultimately not substantiated. They had found that women who were even in positions of power within their companies faced more retaliation than their male counterparts, because they were not adhering to the expected gender stereotypes.

How a Gender Discrimination Lawyer from Filippatos Can Help

Whether the discrimination you’ve experienced is subtle or blatant, proving it requires the right strategy and legal support. At Filippatos PLLC, our gender discrimination lawyers in New York know what evidence matters, how to document disparate treatment, and how to build a compelling claim — whether through the EEOC, the New York State Division of Human Rights, or litigation.

Call a New York Employment Law Attorney Now

We at Filippatos PLLC stand in proud solidarity with any and all workers facing discrimination in the workplace, including the LGBTQIA+ community and diverse communities. We believe that all people deserve the right to exist freely, no matter who they love, how they express their gender, practice their religion, or celebrate their heritage. If you are experiencing discrimination at work, please give us a call at 888-9-JOBLAW for a free consultation. We will do our utmost to help secure you the justice you deserve.