Many women’s advocacy groups are observing “Zero Discrimination Day” on Mar. 1. A recent study of workplace sex discrimination by attorneys at the law firm of Duddy, Goodwin & Pollard in Worcester, MA highlights the need for changes nationwide and here in Utah (Image courtesy of Facebook).
WORCESTER, MA – A recent nationwide study of workplace sex discrimination has produced bad news for Utah.
That research – conducted by employment law experts at the law firm of Duddy, Goodwin & Pollard – ranked Utah sixth in the nation for incidents of sex discrimination reported between 2009 and 2022.
Out of nearly 3,500 cases of workplace discrimination reported in Utah during the 13-year period of that study, about 1,150 were the result of sex discrimination for a statewide score of 33.82 percent.
“The issue of sex discrimination in the workplace is a nationwide concern,” according to attorney Jamie Goodwin, who explained that his firm’s study analyzed data from the U.S. Equal Employment Opportunity Commission to determine the rate of sex discrimination charges as a percentage of total employment discrimination charges in each state.
Only five western states exceeded Utah’s incidence of sex discrimination, with percentages ranging from about 34 percent up to 40 percent.
In descending order, they are Wyoming (39.5 percent), Montana (37.12 percent), Kansas (34.9), Colorado (34 percent) and Alaska (33.9 percent).
The national average for cases of workplace sex discrimination stands at about 30 percent, according to the DGP research.
“Over the period that our study measured,’ Goodwin added, “there were more than 1.18 million employment discrimination charges filed, with 355,181 related to sex discrimination.”
Here in Utah, the state’s Anti-Discrimination Act – passed by the Utah Legislature in 1965 – prohibits employment discrimination on the basis of race, color, religion, sex, age, national origin, disability, childbirth, pregnancy or pregnancy-related conditions.
In 2015, prohibitions against discrimination based on sexual orientation and gender identity were added to that law.
Over the years, Utah has also added additional protections which provide that employees may express religious and moral beliefs in the workplace in a reasonable manner on equal terms with similar expressions allowed by the employer.
Employers are also prohibited from discharging, demoting, refusing to hire, retaliating or discriminating against an individual based on expressions of religious, political or personal belief outside of the workplace.
The DGP study chose to focus strictly on sex discrimination, ignoring the more complex issues of sexual orientation and gender identify.
In everyday language, the terms “gender” and “sex” are used interchangeably. Legally, however, the two terms have different meanings.
Social scientists use “sex” to refer to a person’s biological or anatomical identity as male or female, while reserving “gender” for characteristics culturally associated with perceptions of maleness or femaleness.
“While most of us understand that sexual harassment is when someone uses unwanted sexual behavior that creates a hostile work environment, gender discrimination is not as well understood,” according Dr. Susan R. Madsen, of the Utah Women & Leadership Project at Utah State University.
“But just because (gender discrimination) can be less aggressive doesn’t mean that it’s not as harmful.”
The American Civil Liberties Union defines sex discrimination as occurring whenever a person is treated less favorably or denied opportunities because of that person’s sex, regardless of whether they are applying for a job or are a current employee.
“Our data serves as a reminder,” Goodwin emphasized, “of the importance of enforcing anti-discrimination laws and promoting a culture of equality and respect in all workplace.”
The DGP study found that Rhode Island had the lowest rate of sex discrimination charges filed since 2009. Out of 940 cases statewide, only 219 were related to sex discrimination (23 percent).
Additional information about the Duddy, Goodwin & Pollard study can be found at https://www.dgpfirm.com/