What is Gender Discrimination?
Gender or sex discrimination is when you have been treated unfairly at a place of employment because of your sex. It can be a place where you currently work or somewhere you have applied to work. Even though women have the same skill and successes as men, gender discrimination often keeps them back.
Commonly, gender and sex are used to mean the same thing, but they are different. Sex refers to the anatomy with which a person was born that assigns them the term male or female. The word gender refers to the characteristics that are culturally accepted and associated with females or males.
Discrimination is illegal, no matter if it is based on gender, sex, or both. When someone is made uncomfortable because of their sex, gender expression, or gender identity are experiencing gender discrimination.
Every person deserves to be treated equally and receive equal pay for the equal work they perform. Title VII of the Civil Rights Act provides protection under federal law to individuals to ensure they will not face discrimination based on sex. This is the law that makes gender discrimination illegal.
When Do You Have a Gender Discrimination Lawsuit?
You may feel uncomfortable or harassed at work but are uncertain if the behavior is illegal or worthy of a lawsuit. First, you should speak with a gender discrimination lawyer to determine if you have a case. There are some common examples of when you might have the proper circumstances for a lawsuit. These circumstances generally include salary, benefits, promotion, hiring, and firing.
If you believe you are receiving lower wages than someone else doing the same job because of your gender or gender identity. If you are not hired for a job because the company has clients that prefer dealing with men, then you have a valid lawsuit.
If you are being passed over for promotions and raises despite your excellent job performance, this may qualify as discrimination. If you are reprimanding more harshly than others if you make a mistake, or you are not provided the same mentoring or training opportunities, you should contact a gender discrimination lawyer.
If you feel you are sexually harassed, or your employer is allowing someone to sexually harass you, you have grounds for a lawsuit.
For example, suppose you are being denied health benefits or given reduce health benefits, or you are being treated poorly because of taking time off for pregnancy. In that case, there is a good chance you have a valid discrimination suit.
Another potential lawsuit situation is if you have to pay more for health benefits for your husband than your co-workers do for their wives. Your company may not provide health benefits for your husband because they assume he has them through his job.
What Damages Can I Expect from a Gender Discrimination Lawsuit?
A gender discrimination lawyer will be better able to assess your case and determine what they think you may be eligible to receive as a result of your case. Some of the damages you can expect to receive back pay for lost earnings in the past as well as future pay for earnings you could have received.
You can also receive benefits that you lost, such as a pension, health insurance, and 401k. You may also receive payment for the pain and suffering you suffered due to your emotional distress. You may be able to get your job back or receive a promotion for which you were overlooked. The environment may be too toxic for you to return to your previous job.
As part of you winning your lawsuit, the employer may have to take action specific to the discriminatory actions they took against you and others.
For example, they may have to post notices about their violations and charges against them. They also must post notices advising employees of their rights and what they can do if they believe their rights have been violated. In addition, the employer may have to take other corrective actions such as training and changing the culture of the company.
When you win your lawsuit, your employer may have to pay all the fees your incurred, including attorney and witness fees. They also have to pay your court costs.
Can I Be Protected Against Retaliation?
You may have a fear of speaking out about the gender discrimination you face from your employer. Discrimination can take the form of denying you a promotion or a raise. They may even attempt to fire you because you filed a lawsuit. It is not legal for any employer to retaliate in any way against you because you have spoken out against your employer. If that does happen, a lawyer can assist you with your case.
A lawyer will review all of your evidence to assess if you have suffered from retaliation for filing a complaint of gender discrimination. When you plan to file a discrimination complaint, you need a lawyer that specializes in these types of complaints to review your entire case and assess the strength and validity of your claim.
Why Do I Need a Gender Discrimination Lawyer?
A gender discrimination lawyer has a complete understanding of the federal and state laws when it comes to treatment that is equal in a workplace. You are not going to be as familiar with the legal system and the nuances of the law. When you go up against your employer, they are going to bring their lawyers with them. Therefore, you should bring a lawyer too.
A gender discrimination lawyer knows that gender discrimination is wrong and illegal and will fight for your rights. You want to make sure you take all the appropriate steps in your lawsuit. The most robust case you can make for yourself is with direct evidence. Any documentation you have, mainly via email, will help you create your case.
Your lawyer will help you comb through all of your documents and determine the evidence that helps your case. When you have the best lawyer by your side, they will make sure you put yourself in the best position.