The Difference Between Gender Discrimination and Gender Inequality
Women around the world face unique struggles as individuals of intersectional identities. Many of these struggles arise from both gender discrimination and gender inequality. Here’s what you need to know about the difference between gender discrimination and gender inequality.
Gender inequality can be understood as differences in access to opportunity based solely on gender. On the other hand, gender discrimination is the disadvantageous treatment of an individual or group based on gender. In many ways, gender inequality and gender discrimination are intertwined and perpetuate each other. It is important to note that while gender inequality and discrimination are often discussed in relation to women, individuals can experience inequality or discrimination based on any gender.
Gender Inequality
Many forms of gender inequality continue to exist in modern society. Gender inequality refers to unequal access to opportunity based on an individual’s gender. In many countries, lack of upward mobility is tied to gender inequality. This is also related to limited access to educational opportunities based on gender – ultimately affecting one’s future competitiveness in the job market. Gender inequality is then reinforced in the workplace or school setting through gender discrimination.
Gender Discrimination
Gender discrimination is differential treatment specifically because of an individual’s gender. This often manifests through various forms in the workplace, including but not limited to:
- Not being hired based on gender
- Being evaluated more harshly based on gender
- Being paid less than a person of different sex who is similar in qualifications or less qualified
- Being denied a promotion, pay raise, or training opportunity based on gender
Here, we witness the relationship between gender inequality and gender discrimination. Even if an individual is qualified for a particular job position, he or she may not get the job due to a combination of gender-based discrimination and gender inequality. Discriminating against an individual based on sex perpetuates gender inequality. Gender inequality and lack of access to relevant opportunities exacerbate conditions of gender discrimination.
Related: Gender Discrimination Laws in California
Laws Improving Gender Equality and Combatting Gender Discrimination
While gender inequality and gender discrimination continue to be rampant in society, it is important to note that there have been many legislative strides towards improving conditions for women. Here are some notable laws that continue to aid women in the workplace and school setting:
The Fair Labor Standards Act of 1938 (FLSA) ensures that both women and men earn a minimum wage. The FLSA also sets standards for a maximum workweek, including overtime pay.
The Equal Pay Act of 1963 prohibits employers from paying female employees less than their male coworkers solely based on their gender. Additionally, women can file unequal pay claims with the Equal Employment Opportunity Commission (EEOC) in order to recover any lost wages and future loss of wages.
Title VII of the Civil Rights Act of 1964, a monumental step towards gender equality in the workplace, prohibits a company with 15 or more employees to discriminate against employees on the basis of race, sex, religion, or national origin. Similarly, the federal Pregnancy Discrimination Act (PDA) prohibits an employer from demoting or firing an employee based on pregnancy or pregnancy-related conditions. Additionally, an employer cannot reduce an employee’s pay or benefits based on pregnancy.
There have been important strides in the realm of education as well. Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex in educational programs or activities that receive federal funding. Title IX obligations include but are not limited to:
- Recruitment
- Admission
- Financial assistance
- Athletics
- Sex-based harassment
- Pregnant and parenting students
While there have been notable legislative actions related to promoting gender equality and combatting gender discrimination, there is still much work to be done. The relationship between gender inequality and gender discrimination is inextricable and continues to put women (and many other individuals) at a disadvantage. In the fight for gender equality, it is important to continue petitioning the government for relevant legislation, as well as holding institutions accountable for discriminatory actions.
Related: How to Prove Workplace Gender Discrimination in California
FAQs
What is gender?
“Gender” refers to the social, cultural, and economic attributes and opportunities associated with being either female or male. In other words, gender refers to socially constructed characteristics attributed to men and women. Gender is not to be confused with “sex.” Sex refers to the biological and physiological characteristics of humans and animals.
What is the difference between gender equality and gender equity?
There is a notable difference between “equity” and “equality.” Gender equity refers to the process of being fair to women and men. This means enacting measures or strategies that compensate for the historical and social disadvantage that women have faced and continue to face. Such disadvantages prevent women from operating on a level playing field with men. Thus, equity takes into account such disadvantages. By taking into consideration systemic sexism, equality can be reached. Gender equality refers to equal enjoyment of opportunities and rewards by both men and women.
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