Sunday Read: Whistleblowing and Gender-Based Discrimination.

National Whistleblower Center (NWC) frequently honors those who have come forward to shine a special spotlight on the role gender discrimination has played in their claims.   

The decision to come forward is not one taken lightly by anyone. But as recently discussed, women often confront additional barriers when speaking out due to pervasive gender discrimination and sexism in the workplace that make it extremely difficult—and even more dangerous—to speak up. 

As we come to the end of Women’s History Month, this Sunday Read revisits landmark gender-based discrimination claims, the laws they inspired and the women whistleblowers and those who are vested in this legal landscape. These people and cases directly help advance gender equality.  

Background, Claims and Laws 

Discrimination against an individual based on perceived gender, including gender identity, pregnancy, and sexual orientation, is a violation of Title VII of the Civil Rights Act of 1964. The U.S. Department of Justice (DOJ) is one of many federal agencies to enforce this law.  

Many discrimination claims occur in the workplace and claims are commonly filed with the U.S. Equal Employment Opportunity Commission ( EEOC ), which defines gender or sex discrimination as:  

“…treating someone (an applicant or employee) unfavorably because of that person's sex, including the person's sexual orientation, gender identity, or pregnancy.” 

The EEOC also outlines the unlawfulness of: 

• Sex discrimination and work situations, which encompasses any term of employment such as: hiring, firing, pay, job assignments, promotions, layoff, training and fringe benefits. 
• Sexual harassment, which can include unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. It also includes offensive remarks about a person's sex, including the person's sexual orientation, gender identity, or pregnancy. 
• Certain employment policies, which even if applied to everyone, can be illegal if it has a negative impact on the employment of people of a certain sex and is not job-related or necessary to the operation of the business.  

Sexual Harassment Brought To The Foreground 

Many whistleblower cases began with gender-based discrimination claims, and certain ones caught the attention of the media and tapped in to the public consciousness. Though media coverage may have seemed like a circus, results and time have demonstrated how they have helped improve workplaces and society-at-large.  

For example, Anita Hill was a lawyer and professor who became a national figure in 1991 when she accused then-U.S. Supreme Court nominee Clarence Thomas, her supervisor at the United States Department of Education and the EEOC, of sexual harassment.  

In an effort to provide more protection for employees being discriminated against in the workplace, Congress passes the Civil Rights Act of 1991, which was signed into law by President George H.W. Bush. The Act afforded plaintiffs expanded rights, including the right to a jury trial in federal court and collect compensatory and punitive damages from their employers. 

Three years later, the Violence Against Women Act (VAWA) was passed by Congress and signed into law by President William J. Clinton. In relation to sexual harassment in the workplace, it permits evidence of the history of the sexual harasser to be introduced and limits evidence related to the sexual history of the accuser. 

 In 2005, the Supreme Court of the United States ruled in Jackson v. Birmingham Board of Education that it is illegal to punish someone for reporting sexual harassment and discrimination–a milestone for anti-retaliation advocacy.  

Also that year, Congress passed the Reauthorization of VAWA, which allocated federal funds to aid victims of sexual violence and assault. The funds can be used to ensure that victims are able to pay for a fair trial. 

Gender-Based Discrimination Stirring The National Debate 

Victims and whistleblowers were emboldened to come forward in recent years, particularly against the backdrop of the #MeToo movement. Despite women seeming to feel safer to discuss their experiences and perspectives on gender discrimination and experiences of sexual harassment in public and on social media forums, doubt still permeates the national debate.  

During the Senate Judiciary Committee hearing of then-Supreme Court Justice nominee Brett Kavanaugh in 2018, Dr. Christine Blasey Ford came forward to discuss her painful recollections of sexual misconduct by Kavanaugh while in college 36 years earlier.   

Despite credible accounts and her reputation at stake by coming forward, Dr. Ford–a research psychologist–was still ridiculed by many in the public eye, including former President Donald Trump. This ridicule is a form of retaliation that remains unaddressed and prevents people everywhere from speaking up about gender discrimination in the form of sexual misconduct–especially when that misconduct involves powerful individuals.  

The media attention to #MeToo and Dr. Ford’s story has helped bring gender discrimination to the forefront and draw attention to much needed improvements in the law. By speaking up about gender discrimination and sexual misconduct in the workplace, whistleblowers like Anita Hill, #MeToo activists, and Dr. Ford have meaningfully advanced laws to increase protections for women in the United States.  

Progress In Federal Legislation 

In the nearly five years since Dr. Ford’s testimony, critical new legislation has been enacted to help empower survivors of sexual abuse. 

Most recently, President Joe Biden signed the Eliminating Limits to Justice for Child Sex Abuse Victims Act into law in September 2022. Under the new law, survivors will not have to consider time limits when filing a civil claim in federal court. The new law applies when hearing civil claims related to sex abuse crimes against minors, including forced labor, sex trafficking, sexual abuse and sexual exploitation of children (such as sexual abuse images and child pornography). 

This means that anyone can file claims stemming back to their childhoods and teenage years. This helps empower many women who–possibly like Dr. Ford–did not come forward at the time of the incident.  

The Act was initially introduced by Sens. Richard Durbin (D-Ill.) and @Marsha Blackburn (R-Tenn) as S. 3103. Following the passage of the bill in the House in September, Durbin referenced the “science of trauma” and acknowledged that victims may need years to come forward. “By signing this legislation into law,” Durbin said, “we can finally help survivors have their day in court and a moment of healing—when they are ready.” 

All whistleblowers face immense obstacles when deciding to come forward, including retaliation, ostracization, and loss of their livelihoods. Yet, women and, other people who blow the whistle about gender based discrimination, often confront additional barriers when speaking out due to pervasive gender discrimination and sexism in the workplace that make it extremely difficult—and even more dangerous—to speak up. NWC celebrates these courageous whistleblowers for the incredible contributions they have made to the effective enforcement and creation of anti-discrimination laws which make workplaces safer for all of us.  

Support NWC 

NWC fights to bolster whistleblower programs and raise awareness about the value of all whistleblowers. As a 501(c)(3) non-profit our awareness building work is made possible with the support of our generous donors. Please consider donating $50 today to help us continue to educate the public about whistleblower experiences and the role whistleblowers play in putting an end to fraud and discrimination.  

This story was written by Justin Smulison, a professional writer, podcaster and event host based in New York.