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Why to Hire a Gender Discrimination Attorney

In the past decade, there have been many changes and breakthroughs for persons who decide to pursue a claim of discrimination based on gender. Today, more than any other time in history, employees are taking notice of discriminatory employment practices and are holding employers accountable. One of the most common areas where discrimination is gender. Gender bias can exist in the hiring process or after an employee has been on the job for some time.

What is Gender Discrimination?

Gender bias and discrimination in the workplace can come in many forms but typically involves and employee or job applicant being treated unfavorably because of their gender. An individual may also experience this bias because of an affiliation with a group or organization that is associated with a specific gender. Some other examples of gender-based bias and discrimination may include:

  • Not being offered an employment opportunity or being offered a lower paying position.
  • Being held to higher standards or disciplined more harshly because of gender or because you do not conform to the traditional ideas about masculinity or femininity.
  • Being paid less than a colleague of a different sex. The colleague may be similarly or less qualified with similar or the same job responsibilities.
  • Being denied a promotional opportunity or pay raise that has been given to fellow employees with equal or less qualifications.
  • Being the subject of disciplinary action for something that employees of a different gender do without reprimand.
  • Being called derogatory names, slurs or are insulted because of gender.
  • Being subject to unwelcome and unwanted sexual advances.
  • Being the victim of physical or verbal harassment of a sexual nature.

What Are the Laws?

Under federal law, gender discrimination is illegal. In Title VII of the Civil Rights Act, it is illegal for an employer to discrimination based on sex, race, color, religion, or national origin. It is also against federal law to use sex, race, color, religion or national origin as a basis to pay an employee less, terminate employment or not offer employment. The law is designed to hold employers accountable for providing a discrimination free workplace. Retaliation against an employee who has filed a discrimination claim is also illegal. Each state may also have laws pertaining to gender discrimination. Our office is comprised of West Coast Employment Lawyers and other legal professionals to help you understand the laws in California.

The two kinds of evidence that can exist in a gender discrimination case are direct evidence and circumstantial evidence. Direct evidence would be if there was a job posting that clearly outlined that the only applicants that would be considered would be male. This could be exhibited by a posting that includes the words “male applicants only”. This type of direct evidence is rare today. Circumstantial evidence, on the other hand, is what is typically relied on to point out gender bias and discrimination. Circumstantial evidence can include other discriminatory practices the employer has historically engaged in. For example, all management positions are occupied by a certain gender with less qualifications. It can also include asking illegal interview questions.

What Are My Rights?

  • You have the right to work in an environment that is safe and discrimination free.
  • You have the right to be able to speak out against gender discrimination whether it is something you have experienced yourself or has involved a colleague.
  • You have the right to report discriminatory practices or behavior to your human resources department or supervisor.
  • If you are a member of a union, you have the right to speak with your union rep about filing a grievance.
  • You have the right to request to see your personnel file containing any proof of discrimination. This could include pay history and performance evaluations.

What can I do?

If you or a coworker have experienced gender-based discrimination at work, here are some actions you can take:

  • Review the employee handbook. Look for the employer’s policies related to discrimination. Make yourself familiar with the process to report discrimination and file a complaint. Pay close attention to the deadlines outlined in the policy.
  • Write the incidents down in detail. You want to know what happened and when it happened including anything that you did in response. You will also want to list the names of any witnesses to the incident.
  • Make note of any meetings or conversations you had regarding the claim of discrimination. Make note of who was in attendance.
  • Save any relevant messages or emails in a safe place.
  • Contact West Coast Employment Lawyers to speak about the experience and determine next steps.

What Could Happen?

If after speaking with an employment lawyer it is determined that gender discrimination did occur, you will have the option of seeking several remedies:

  • You could ask for compensation for economic losses like lost wages of the discrimination resulted in the loss of income. The best gender discrimination attorney can help you obtain reimbursement for expenses related to any medical or mental health treatment that was needed or will be needed in the future because of the discriminatory incidents.
  • You could request compensation for any emotional distress experienced. This could include stress, pain, anxiety, loss of sleep or any other emotional impact because of the discrimination.
  • You could ask for reinstatement of employment of you were forced out of a job or fired.
  • You could request to be compensated for punitive damages determined by your employment lawyer. Even though there may not be a monetary award in this case, it will send a strong message to the employer and hopefully prompt changes in discriminatory practices.

Seek the Assistance of the Best Gender Discrimination Attorney

If you or someone you know has been discriminated against at work based on your gender, you will want to work with a law firm that has experience and is dedicated to employee’s rights in the workplace. Proving gender-based discrimination is complex and you will need to be able to lean on your legal counsel for guidance on how to document the discrimination, file a report with human resources and follow any other protocol required by the employer. After following the procedure outlined by the employer, you can work on the steps necessary to reach a favorable conclusion to your claim.

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