Gender Bias n. unequal treatment in employment opportunity (such as promotion, pay, benefits and privileges), and the expectations due to attitudes based on the sex of an employee or group of employees. Gender bias can be a legitimate basis for a lawsuit under anti-discrimination statutes.
Gender bias begins at an early age. From the pink or blue outfits children receive at infancy, the influence of toy selections, to how teachers respond to a child in school, or the books we read them at bedtime. (An April, 2011 study of gender bias in literature examined nearly 6,000 children's books published from 1900 to 2000. Of those, 57% had a central male character compared with only 31% female protagonists. Presumably animals of an indeterminate gender led the rest.) So how do we respond to gender bias in the workplace?
First let's understand that gender bias is more subtle than sex discrimination. Bias occurs because of personal values, perceptions and outdated, traditional views about men and women. We may encounter gender bias in many forms and degrees. For example, both men and women tend to view women who express anger more negatively than they view men who express anger. Even when the members of both sexes use the same words and body language to express that anger. Gender bias exists where men or women are evaluated or perceived differently depending on whether their actions violate expectations of how they should act or expectations of what behaviors are required for a role they have assumed. Whether the subject of bias is male or female, the effects of gender bias can be devastating.
Beginning in as early as 1982, state judiciaries began to address gender bias by creating a variety of research committees and task forces. Since that time, attention around gender bias in the workplace has continued to grow in every industry.
Then:
"Gender bias exists in many forms throughout the Massachusetts court system. Sexist language and behavior are still common, despite an increased understanding that these practices are wrong." New England Law Review. Volume 24, Spring 1990.
"The New Mexico Supreme Court is greatly concerned over manifestations of gender bias in the court environment within the State of New Mexico." "In 1987, the State Bar of New Mexico established The Task Force on Women and the Legal Profession and requested that the Task Force examine the needs of women lawyers, their acceptance by the Bench and Bar in general. . . . . The Final Report, issued November 2, 1990, documented gender bias not only directed toward women lawyers, but affecting female litigants, witnesses, and court employees."
The State of Florida, Gender Bias Study Commission: Executive Summary, found that "during it's two years of hearing and study, that gender bias -- discrimination based solely on one's sex -- is a reality for far too many people involved in the legal system. (1990)
In 2011, a team at Yale University asked 127 professors at six U.S. research universities to judge the merits of college graduates. The graduates were applying for a position as a lab manager before heading to graduate school. While using identical resumes, of which half were obviously female applicants, the participates were significantly more likely to hire the man, and at a higher salary. Interestingly enough, the bias was equally strong among both the female and male scientists and did not vary by age, race or discipline. (www.sciencemag.com)
Now:
"The Supreme Court's decision on the Walmart case - in which five justices, all male, sided with the company in denying 1.5 million female employees the right to pursue a class-action sex-discrimination lawsuit - showed a truly stunning obliviousness to the way gender bias actually plays out in the workplace." The Daily Beast. "The Supreme Court's Cluelessness on Gender Bias." June 22, 2012.
MSLGroup currently has a class action lawsuit pending alleging gender pay discrimination. The $100 million class action lawsuit was filed in February 2011 and represents women who worked at the agency from 2008 until the date of judgement. Of the 33 total plaintiffs, two are current MSL employees. One, Sheila McLean, is currently a SVP and a 12-year veteran of the firm. The lawsuit alleges that MSL paid female professionals less; did not promote women at the same rate as male counterparts; and conducted discriminatory demotions, terminations and reassignments for female staffers during the agency's 2009 reorganization.
After all the steps we have taken, all the studies, polls, research papers, etc., gender bias is still alive and well in the workplace. As an employer, you need to be aware if gender bias exists in your workforce. Train your employees to identify it, and to acknowledge it. Secondly, call attention to the bias. Make a commitment to eliminating it in your workforce.
Title VII prohibits discrimination "because of" an employee's sex. As an employer we may not take adverse action against an employee because of their sex. Sex can not play a role in any aspect of their employment including hiring, transfers, promotions, pay, disciplinary action, suspensions, and discharges. It's also important to understand that while Title VII was originally understood to apply only to women, that is no longer the case. It also prohibits discrimination against men. For example, when a male employee is denied a promotion in favor of a female employee, and the male can prove that the reason was "because of his sex," there may be claim for sex discrimination.
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