How to Identify Workplace Discrimination Against Women

Sep 1, 2021 | Working Woman

The five most common forms of workplace discrimination against women

Written by Danielle Askin

“How many kids do you have?” I was asked while being interviewed for a position as a bookkeeper at a well-known Yeshiva in Brooklyn. The administrator to whom I would report directly had seen my resume, but the answers to questions he was most interested in would not be found in my experience or education. “When will you have your next baby?” It was deeply personal and was posed to me right after a rousing round of Jewish geography in which it was established that I must be a Ba’alat Teshuva because he had never heard of my maiden name before. “I hate BTs,” he bit off next, and I realized that this position would be like the others in which I was paid very little, expected to do more than the men in the office, and never appreciated.

Discrimination against observant Jewish women has always been a problem in the Jewish world. In the Middle Ages, Rabbinical leaders would urge communities to shun women who would peddle their wares at the homes of non-Jews in an attempt to protect the home, but ultimately the process led to eliminating a woman’s ability to provide for her family and forced her to rely upon her husband support. 

The many methods of gender discrimination in the workplace are so varied, it is often difficult to identify whether or not you have been a victim.

 

Identifying Gender Discrimination

Lower Pay

The most common form of gender discrimination in the workplace is being paid a lower wage or denied access to benefits that male co-workers receive. This includes lower bonuses at the end of the year. 

This form of discrimination is difficult to identify because the workplace often keeps wages private so that they can pay certain employees more (or less) than others. 

How to combat it

Know the average salary for your career in relation to your education and experience. Websites like www.salary.com are available to help you calculate the average salary for specific positions, but trade organizations are often the best source of information because they offer nuanced details that are career specific.

Pro Tip: joining a trade organization looks great on your resume and often provides a level of protection – you have other professionals in your career that can support you.

 

Women-Only Jobs

A large number of employers in the Orthodox world will only consider hiring women for office support positions, like secretaries or assistants. Another form of this common problem is only hiring women for low-level education jobs until their children are fully grown. This is a form of gender discrimination that could easily get employers in trouble with the law. Unfortunately, it is difficult to prove and generally requires a man who is applying for the position to challenge the organization and raise the issue. 

How to combat it

If you have the experience and education that qualify you for a higher position and you are denied that position you have two options:

1. Challenge the employer to explain their reasons for not promoting or hiring you for that position in writing. The threat of having something written down will often change the direction of the negotiation.

2. Leave the employer and seek employment elsewhere.

Both options will require negotiation and a determination not to accept anything less than the position you want.

Being Evaluated Too Harshly or Held To Different Standards

Women are often criticized for being too aggressive, despite behaving in the same manner as men in the same situation. Being asked to apologize for yelling when male employees are never held to the same requirement is a common manifestation.

Being required to dress or present yourself in a specific way. Dress codes that require certain types of items (e.g. wigs or particular hair coverings, skirts of a certain length, makeup, etc.) are sexist and often illegal. It is acceptable for businesses to qualify the atmosphere (for example: business casual), but not dictate the exact items to be worn for employment without instituting a uniform that must be worn by every member of their workforce.

How to combat it

Record as much as you can in writing. It’s also a good idea to keep a journal. Once a pattern of behavior can be proven, request a meeting with your supervisor and/or HR to discuss. The more specific examples you can provide that show how treatment of others differs from your experience, the better. Expect an uncomfortable conversation.

If you have spoken to your supervisor about your experience and they have not changed their behavior, you will need to consider switching employers. 

 

Denied A Promotion or Pay Raise

It is very difficult to prove whether you have been denied a promotion or pay raise. The easiest means to identify this is to consider the historical data of the employer’s record on promotions. If only men have been promoted in the past decade, it is likely they are discriminating against women for management roles.

Since employers make a point of keeping salaries private – often denying the right of employees to discuss how much they make in employment contracts – it is rarely possible to prove a pay raise discrimination without having the court force the employer to furnish employment data.

How to combat it

Raises and promotions are subjective and the burden of proof falls upon the woman who wants to challenge the decision. By being thorough and gathering as much data as possible to support your case, it is possible that you could convince your employer to have a change of heart.

Unfortunately, this is rare and it is more usual that you will be shut down prior to presenting your full case. At this point, you can either file a discrimination case against the employer in the court system, or you can look for a new job.

Pregnancy Pushout

Being fired or laid off when you become pregnant, being asked if you will get pregnant, or being forced to take leave because you are pregnant are illegal in the United States, United

 

Kingdom, European Union, South Africa, Israel, and Australia. 

 How to combat it

The legal route is the best option in these cases. Document everything you can when you first find out you are pregnant (or are planning to become pregnant) and keep a journal of your experience. This journal can be entered as evidence in a discrimination case in the future.

In the US, you can take out a short-term disability insurance policy in advance, but make sure you will be covered by the policy by the time you get pregnant. Often these policies have a waiting period before benefits can be drawn upon – usually between 6 to 12 months. Know your policy inside and out before relying upon it when you become pregnant.

Know what government benefits you are eligible for prior to getting pregnant, and how to apply for those benefits to help bridge the pay gap.

 

In Conclusion

If you are being discriminated against because of your gender, you will be forced to decide whether you have a case to sue your employer or whether to just find a new employer. Although there is great benefit in holding employers to task, there is often very little short-term gain for those who do the challenging, and you need to make a personal decision as to whether you are willing to take on that battle. 

If you choose to go the route of finding a new employer there are ways to protect yourself at the start of your employment:

 

  • Negotiate a yearly raise in the contract. Have it written in your contract that you will automatically get a raise of a specific amount or percentage on the date of your work anniversary every year. 

  • Include a clause for promotion after a certain amount of time worked or an objective work goal (e.g. when you pass the CPA exam, or get three positive performance reviews from your supervisor at six-month intervals etc.)

  • Get your employer’s policy on pregnancy and childcare in writing prior to accepting employment. Do not be afraid to negotiate for a change for your specific case.

The best weapon we have against gender discrimination is finding our voices and standing up for ourselves.

I am no longer working for that Yeshiva. I have taken the scary leaps of faith necessary to find an employer who would believe in me, give me the opportunity to grow professionally, and who values the contributions I make to the workplace. However, it took many years and a lot of uncomfortable situations for me to find my voice and stand up for myself.

If I am not for myself, who will be for me?

The best weapon we have against gender discrimination is finding our voices and standing up for ourselves.

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