How To Address Gender Discrimination in the Workplace

Gender discrimination is still a major problem in the U.S. Companies and organizations are failing their current employees and prospective talent by not committing to a zero-tolerance policy for any form of discrimination. Two LinkedIn DEI experts share their thoughts on how employers (and employees) can better address gender discrimination. 

By Mariah Flores

Gender discrimination is illegal in the U.S.

Yet, it still plagues so many workplaces. Why is that? 

One reason is that companies and organizations are not doing enough to stop the discrimination before it happens. In doing so, they are failing their employees. 

In this post-pandemic work world, job seekers are looking for more inclusive, welcoming and diverse workplaces. They’re looking for companies and leaders that prioritize their employees’ well-being and actively seek to create safe working environments.

Many times, it’s the discriminated parties who are tasked with overhauling the entire company or educating their coworkers. 

This task and responsibility lie on the shoulders of those in power: companies, organizations, executives, managers and other company leaders.

“Within many corporations the most marginalized employees lack the power and the ability to make real changes, yet they are propped up, placed in DEI roles, and expected to shift the culture,” according to a Forbes article by Janice Gassam Asare.

No employee should ever be unfairly treated, oppressed or discriminated against in the workplace, and then have to become the educator or voice for why it’s wrong (and again, illegal). 

I spoke with two leading voices for Diversity, Equity and Inclusion (DEI) on the best ways to address gender discrimination, its serious implications, and how it shows up in the workplace — even if we’re unconsciously aware. 

We’ll also explore ways to advocate for yourself or your peers (allyship) if you feel you’re being discriminated against or witness discrimination. 

The Illegality of Gender Discrimination

As employees, you must know your rights and exercise them, both professionally and personally.

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex and national origin.

“As of June 2020, a Supreme Court ruling extended this protection to also cover gender identity and sexual orientation. It is also illegal for employers of 15 or more people to use any of the above categories as a basis for paying you less, firing, not hiring, or discriminating against you in terms of working conditions or ‘privileges of employment,’” according to the Equal Rights Advocates (ERA).

Additionally, retaliation related to discrimination is illegal. No employer should retaliate against or punish you if you were to report or oppose discrimination or even participate in investigations of legal action related to discrimination.

Many states also have laws against discrimination in all forms, not just gender. You can check the status of your state’s laws on hrc.org.

How It Shows up in the Workplace

When addressing or combatting anything, you first have to know what to look for. 

Gender discrimination shows up too often in the workplace, from unwelcomed sexual advances to being intentionally deadnamed. By now, many of us can easily recognize it.

Michelle Gyimah, pay gap strategist, sees gender discrimination showing up in recruitment and promotion to retention and employee exits. She notes that it can range from microaggressions right through to overt discrimination.

Here are a few other examples of gender discrimination (within the workplace):

• Harsher evaluations or being held to higher standards because of your gender identity (labeling women as “aggressive”, when men behaving the same are praised)
• Requiring an employee to use a restroom that does not conform to their gender identity 
• Requesting “presentable” hairstyles based on gender stereotypes
• Penalizing women who identify as mothers or are of child-bearing age
• Paying employees less based on their gender identity
• Not respecting an employee’s pronouns or name
• Having gendered wording in job descriptions
• Perpetuating the “glass ceiling”

“In the workplace, gender discrimination is showing up in masked empty terms like ‘best candidate, most qualified, and the energy we are looking for’ which many can’t define,” says Netta Jenkins, a Diversity & Inclusion executive and 2020 LinkedIn Top Voice on equity in the workplace. “My philosophy is that if you can’t define a term or phrase, then you are making a conscious choice to discriminate.”

Gone are the days of simply claiming “My bad! It was unconscious bias.” Professionals all over the world are becoming very aware of their biases and need to do more than just acknowledge them. 

“Your leaders and employees need to be able to recognize unconscious bias and be able to counter and mitigate it. But that too isn’t enough,” advises Korn Ferry, a management consultant company.

The hope is that you feel emboldened to fight and seek out better, more inclusive workplaces and job opportunities.

Addressing Workplace Gender Discrimination

Now that you know the illegalities and prevalence of gender discrimination at work, you can begin addressing it. 

Foremost, employers (and employees) should know that gender discrimination must be looked at through an intersectional lens. Employees with intersecting identities can face multiple forms of discrimination and disparities. 

“There are deeper gaps that exist for (Black, Hispanic/Latinx, Asian, Indigenous people), and it goes deeper for those that are differently abled, those transitioning, those who are caregivers, those part of the LGBTQIA+ community, and more,” says Jenkins. 

“It’s not a secret that women-identifying have been negatively impacted by gender discrimination, and it’s why we still see a lack of representation in workplaces.”

Research by LeanIn.Org and McKinsey shows that black women, LGBTQ+ women and women with disabilities are much more likely to experience microaggressions as professionals than women overall. The microaggressions include being interrupted or spoken over, others commenting on their emotional state and having their judgment questioned.

Not all employees are alike or identify the same way, so your approach to gender discrimination must reflect that diversity.

Below are some solutions to better address and dissuade gender discrimination: 

Employees

• Be aware of your rights (the legalities are listed above).
• Don’t destroy any evidence of discrimination.
• Keep thorough, detailed notes when you suspect discrimination has or is taking place (every step of the way).
• Review your employee handbook to see if there is language or policies on discrimination or filing complaints.
• Put any complaints in writing or followup through writing for verbal complaints.
• If possible, talk to your union representative (and still follow the next step).
• File a discrimination complaint with a government agency.  
• Jenkins also recommends talking to an experienced employment attorney.

Employers

• Establish a zero-tolerance policy for discrimination and publish it in accessible spaces.
• Actively listen, investigate and address gender discrimination complaints.
• Be proactive in providing interactive, ongoing sessions on the “many ways people face discrimination, its traumatic impacts, the process of reporting, and the consequences” from onboarding to an employee’s entire duration of employment, says Jenkins.
• Invest in third-party resources for employees’ psychological safety (Jenkins is co-founder of Dipper, which is one available resource).
• Encourage open communication between employees and their supervisors.
• Educate employees on their employment rights and also unconscious bias.
• Assess your company’s possible pay gap and establish fair pay.
• Remove people from your organization who are causing harm.
• Rework your evaluation measures and language.
• Provide flexibility to all employees.

“Build addressing gender discrimination into your DEI strategy and your wider operational strategies. It cannot be viewed as a standalone, ad hoc 'project' that gets attention on International Women's Day or when a crisis occurs,” says Gyimah. 

She also advises organizations to ensure that the team responsible for delivery and accountability is properly resourced (time, money, external expertise, status and influence). Be sure what you’re doing is backed by data and that you have an ongoing two-way communication plan to improve internal engagement and buy-in.

There are many ways for employees and their employers to address gender discrimination. The online resources are plentiful, with articles from SHRM to the World Economic Forum. LinkedIn is also a great starting point, with news videos and educational LinkedIn Learning courses.  

“Fighting Gender Bias at Work” and “Preventing Harassment in the Workplace” are two popular courses.

The best way to address gender discrimination is to not discriminate. And when you witness discrimination, address it immediately. It has no place at work — or anywhere else for that matter.

Top Takeaways 

Gender discrimination needs to be addressed and here’s why: 

• Gender discrimination is illegal in the United States
• Employees with intersecting identities are more likely to face microaggressions and other forms of discrimination
• Workplace education and training is a great step in the right and inclusive direction