Women’s Protections in the Minnesota Workplace

February 20, 2020 – U.S. women currently hold more jobs than men, a development that seems to reflect a growing trend in the U.S. workforce. According to Labor Department data, women held 50.4% of jobs in December 2019, surpassing men on the payrolls by 109,000. Despite a rising trend of women holding more positions and even gaining traction in higher level positions, they continue to suffer from inequalities in the workplace. Black women, in particular, face unique challenges related to workplace discrimination and economic disparities. Fortunately, there are many legal protections for women in Minnesota and nationwide.

Sexual Harassment

Minnesota has some of the greatest protections for women who are victims of workplace sexual harassment. Minnesota was ahead of the nation in recognizing sexual harassment and declaring it illegal. The state legislature added a specific prohibition against “sexual harassment”—and a definition—to the state Minnesota Human Rights Act (MHRA) in 1982, describing it as a form of sex discrimination involving unsolicited behaviors of a sexual nature that intrude upon workplace performance or create a hostile environment. It was also the first state to approve a class action lawsuit against an employer-defendant. Despite Minnesota’s protections for women against harassment, legal advocates continue to work hard to strengthen protections, hold employers liable, and pursue compensation for victims.

Anti-Discrimination

Title VII of the Civil Rights Act prohibits discrimination against women by their employers. The federal law mandates that employers cannot discriminate against female employees during the hiring process, while employed, or in the termination or exiting process. Minnesota laws go even further to prevent discrimination in employment, requiring that anyone employing one or more workers must comply with the law. The MHRA was also expanded to protect employees based on marital status and familial status and to prevent discrimination in employment based on pregnancy.

Filing a discrimination claim with relevant government agencies is a crucial step for individuals who have experienced workplace gender discrimination. Legal guidance is important in pursuing these claims to recover potential remedies for unjust treatment.

Equal Pay Act

While the Fair Labor Standards Act (FLSA) sets a minimum wage and overtime requirements, Minnesota laws go even further to protect the rights of women against sex-based wage discrimination. Though women still only earn about 80 cents per dollar than men, the federal Equal Pay Act of 1963 requires companies to pay women the same amount as they would men for doing the same job. In Minnesota, the Women’s Economic Security Act expands workplace opportunities for women in high-wage earners and reduces the gender pay gap through increased enforcement of equal pay laws. For example, under this Act, women have the right to disclose the amount of their own wages, and employers cannot retaliate against them for doing so.

Additionally, employee benefits such as sick leave, insurance, and retirement programs must be provided fairly across different demographics. Employers have legal obligations to ensure equitable treatment in the distribution of these benefits, which is crucial for maintaining workplace equality and adhering to anti-discrimination laws.

Pregnancy Discrimination Act and Family Care

Without regulations, employers and businesses were known to fire or lay off employees when they became pregnant or deny employment to pregnant women. They claimed this saved them in healthcare cost and the cost of hiring temporary help while women were out of work. The federal Pregnancy Discrimination Act of 1978 prohibits discrimination based on pregnancy. Further, the Family and Medical Leave Act (FMLA) protects eligible families who need to take time off work to care for a newborn child, ill spouse, or other family member.

Experiencing gender discrimination can have a significant emotional impact. It is important for those affected to assess their legal options and take actionable steps to protect their rights.

The Minnesota Pregnancy and Parental Leave Act requires employers to provide eligible employees up to 12 weeks of unpaid leave for the birth or adoption of a child or to female employees for prenatal care, pregnancy, childbirth, or related health conditions. Employees are protected from discrimination and harassment and are entitled to return to the same or similar position after their leave.

Protection Against Retaliation

The MRHA prohibits employers from retaliation against workers who speak out against violations of law. Women who report sex discrimination, pregnancy discrimination, sexual harassment or other employment rights violations are protected from retaliation, as are employees who file a charge, testify, assist or participate in an investigation, proceeding or hearing related to misconduct.

Laws That Protect Women in the Workplace

Women in Minnesota and across the United States benefit from a range of federal laws designed to protect their rights in the workplace. These laws aim to eliminate gender discrimination, ensure equal pay, and provide safe and fair working conditions. Understanding these protections is crucial for women to advocate for their rights and seek justice when necessary.

The Equal Pay Act

The Equal Pay Act (EPA) is a cornerstone of federal law aimed at eliminating wage disparity based on sex. Enacted as part of the Fair Labor Standards Act of 1938, the EPA mandates that employers must pay men and women equally for performing the same job under similar working conditions. This law is enforced by the Equal Employment Opportunity Commission (EEOC), which ensures compliance and addresses violations. The EPA applies to all employers with 15 or more employees, reinforcing the principle of equal pay for equal work and helping to close the gender pay gap.

Title VII of the Civil Rights Act

Title VII of the Civil Rights Act of 1964 is a pivotal federal law that prohibits employment discrimination based on sex, including gender identity and sexual orientation. This law also extends protections against discrimination based on race, color, religion, and national origin. The Equal Employment Opportunity Commission (EEOC) is tasked with enforcing Title VII, investigating complaints, and ensuring that employers adhere to these anti-discrimination standards. Title VII applies to all employers with 15 or more employees, providing robust protections against workplace gender discrimination and fostering a more inclusive work environment.

Employee Rights and Protections

Employees in Minnesota and nationwide are safeguarded by various federal laws that uphold their rights and ensure fair treatment in the workplace. These protections are essential for maintaining a just and equitable work environment.

The Equal Employment Opportunity Commission (EEOC)

The Equal Employment Opportunity Commission (EEOC) plays a critical role in enforcing federal laws that prohibit employment discrimination. The EEOC investigates complaints of discrimination, provides guidance to employers on compliance, and offers resources and support to employees who have experienced discrimination. The EEOC enforces key laws such as Title VII of the Civil Rights Act, the Equal Pay Act, and the Pregnancy Discrimination Act. By addressing issues of workplace gender discrimination, sexual harassment, and other forms of employment discrimination, the EEOC ensures that employees have equal employment opportunities and are protected from unfair treatment.

Contact Our Women’s Rights Employment Lawyers

If you are a woman employed in Minnesota, it is critical that you know your rights in the workplace. Whether you have suffered discrimination or harassment, or you suspect unequal pay between men and women in your company, our attorneys at Wanta Thome PLC can help you protect your rights and financial interests. We will take a strategic approach to your case, uncover any misconduct, and advise you on how to move forward with your situation. Contact us for a confidential discussion or to discuss a potential claim against your employer.