inequality in the workplace

Article 14 of the Labor Code prohibits employment discrimination on the basis of sex, as well as race, color, religion, political opinion, national or social origin, or any other condition. Article 151 provides specific protections for women, prohibiting employers from treating single and married women differently, from dismissing pregnant or breastfeeding workers unless there is just cause, or from requiring pregnant women to perform heavy physical labor during the last three months of pregnancy.

Section 3 of the Equal Pay Act 1994 makes it an offence for an employer to pay male and female employees unequally for performing the same or equivalent work. Employers found in violation are subject to a fine of up to $2,000, and in the case of a continuing offence, an additional fine of up to $100 for each day the offence continues after conviction. The court may also order the employer to pay the affected employee any wages found to be owed.

Law No. 14,457, of September 21, 2022, created the “Emprega + Mulheres e Jovens” Program and introduced Chapter VII into the Consolidation of Labor Laws (CLT) to establish measures for the prevention and combat of sexual harassment and other forms of workplace violence.

Law No. 21,643/2024 introduced amendments to the Labor Code to strengthen the prevention, investigation, and sanctioning of workplace harassment, sexual harassment, and violence in the workplace. It establishes that all employment relationships must be free from violence, respect human dignity, and apply a gender-sensitive approach.

The Organic Law of Labor, Workers, and Employees (LOT) governs labor relations in Venezuela and establishes a broad framework of worker rights, with a strong focus on gender equality and women’s protections. On sexual and reproductive rights, Articles 330 to 347 safeguard family, maternity, and paternity rights. The law protects breastfeeding practices, requires workplaces to provide lactation rooms, and grants 26 weeks of combined prenatal and postnatal leave to female workers, ensuring the health and well-being of both mother and child.

The Law of 4 August 1996 imposes specific obligations on employers to safeguard workers’ well-being and prevent sexual harassment in the workplace.

New York State requires equal pay for “substantially similar work,” a standard that is broader than the federal “equal work” requirement. Pay differentials must be tied to job-related, non-discriminatory factors. The laws also restrict employers from seeking or relying on salary history and require written pay notices. The measures target gender-based wage gaps and strengthen enforcement tools for employees.

The plaintiff was hired as a cashier at a supermarket. Due to her pregnancy, she was hired as a part-time employee (working no more than four hours a day; under Art. 56 of the Labor Code, at the request of a pregnant woman, the employer must allow her a part-time working day or part-time working week), but worked full-time. While at work, she suddenly started experiencing health problems and asked the senior cashier to let her go home. The latter denied her request in a rude manner.

Act on Promotion of Women’s Participation and Advancement in the Workplace (Act No. 64 of 2015)