I am being sexually discriminated against at work, what should I tell a lawyer?

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Sex discrimination covers a wide range of negative actions in your place of employment, from losing out on a promotion because of your gender to receiving unwanted sexual advances or being the target of offensive remarks of a sexual nature. You don’t have to take sexual discrimination at work. It’s prohibited under federal law and, in some cases, state law. It is wise to take action quickly for your own emotional and physical health and safety, and if you do not want to go it alone, enlist the help of an experienced attorney to protect your rights and help resolve the situation. Before you meet with your attorney, here’s what you should be prepared to discuss.

Your Accounting of the Discrimination

Your attorney will need to know exactly how you are being sexually discriminated against to determine the best course of action for your case. Discuss the specific instances of discrimination in detail, including the dates of the occurrences, the names of those involved, and the location of each discriminatory activity.

If you haven’t already, write down the instances to document the issue and collect any evidence to back your claim up. Useful documents include written proof of the discrimination, such as emails, memos, employee evaluations, etc., any reports or complaints you have already filed with the local employment departments and the Equal Employment Opportunity Commission, and all witness accounts.

Your Employer’s Accounting of the Discrimination

Discrimination cases are rarely cut-and-dry; it is unlikely that your boss will literally tell you that your gender is why you won’t receive the training being offered to other employees. In most cases, your lawyer has to prove there is a pattern of discrimination against you. This is why your documentation and any proof you have is critical to your case.

Your employer’s accounting and documentation is crucial as well, so plan on discussing the procedures your employer already has in place to address sexual discrimination, including the steps you took to follow those procedures by filing any necessary reports and attending meetings to discuss the issue. Proving that you followed your employer’s policies to resolve the issue first strengthens your case.

Finally, be prepared to be completely honest with your attorney about all of the details surrounding your sexual harassment. Although this is a very uncomfortable situation that might require you to discuss instances of a graphic nature, you must give your attorney all of the details, including both your employer’s and your actions in all instances. Your attorney cannot adequately present your case without knowing absolutely everything.

What is gender discrimination in the workplace?

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No workplace is perfect, but it is not unreasonable for workers to expect a basic level of decency and civility, such as freedom from harassment and unfair treatment based on personal characteristics. Despite the improvements in gender equality that have been made over the years, issues such as gender discrimination are still alarmingly widespread. Of course, it can be difficult to figure out exactly what qualifies as gender discrimination if you have not experienced it yourself. Thus, there is a risk that this violation will not be reported simply due to the lack of knowledge of the victim.

Thankfully, the legal system has established specific standards for what constitutes gender discrimination, so you can more fully understand what gender discrimination in the workplace consists of. When you gain this valuable insight, you are in a better position to exercise any legal options or rights that you may have, hopefully leading to a favorable resolution and a more pleasant and less hostile workplace environment.

How Prevalent is Workplace Discrimination?

According to the United States Equal Employment Opportunity Commission, there were about 100,000 charges of workplace discrimination in 2012, with sex discrimination constituting more than 30,000 of the charges and retaliation constituting another 38,000. Of course, not all instances of gender discrimination are reported in a given year, so even this large number is an underestimation of the actual instances of discrimination that occur in American workplaces.

Often, victims do not report instances of discrimination because they are unsure they actually have enough evidence for a case, or because they don’t think doing so will make a difference. In other cases, workers may feel as though reporting the discrimination will place their jobs at risk. In addition, the EEOC reports that it only filed a total of 122 lawsuits despite the numerous complaints. Thus, it appears that complaining to the EEOC may not be the most highly effective strategy for vindicating your legal rights.

What Is Gender Discrimination in the Workplace?

Simply put, gender discrimination in the workplace exists wherever you are treated in a different, negative way regarding a term or condition of employment because of your gender. This kind of discrimination can occur at any time during your employment, from the way in which you are treated as an applicant to a position, to the way in which your retirement is handled. Terms and conditions of your employment include hiring; the position in which you are placed or the job duties you are given; your rate of pay; any promotions or demotions; being fired; your work schedule; your work location; your work uniform or dress code; your performance evaluations; and your benefits.

Often, gender discrimination is based on gender stereotypes, and harassing behavior may also be involved in the discriminatory act. However, being harassed is not a requirement of a gender discrimination claim. One can still be discriminated against based upon one’s gender through acts other than those of a harassing nature. If you feel you have been a victim of gender discrimination, contact an attorney as soon as possible so you can protect your employment and retain the ability to exercise your legal rights.

How do New York courts assess fault in motorcycle crashes?

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Have you been injured in a motorcycle accident? If you were involved in a motor vehicle accident, someone else may be liable to you for your injuries.

Have you been injured in an accident?

Countless individuals are injured each year in motorcycle accidents. How do you know whether you can make a claims against the driver of the other vehicle? Read below for a quick overview.

How do New York courts assess fault in motorcycle crashes?

New York courts utilize a Comparative Fault approach to determine fault in motorcycle accidents. In assessing fault, the court will reduce the amount of damages by the proportionate amount of fault. For example, if Jennifer gets injured in a motorcycle accident and the fact finder determines that she was 40% at fault and her injuries were determined to be valued at $10,000, she will receive $6,000 ($10,000 minus the 40% of liability or $4,000).

Other states use different methods for determining fault. Some states, for example, use a proportional comparative fault method. With this method, if the injured party is either 50 or 51% or more at fault, they may be barred from recovering for their injuries. For example, in some states (NOT New York), if Jennifer gets injured in a motorcycle accident and the fact finder determines that she was 55% at fault, she would not be able to recover in a proportionate comparative fault state.

New York state uses a method which is more favorable to injured parties than other states, but it is important to know that your damages will be reduced by the amount of fault assessed to you.

How is percentage of fault determined?

There is no magic formula for determining the percentage of fault assessed to the parties in a motorcycle accident. Courts and the fact finder will look at all the circumstances surrounding the accident. Many factors will come into play, including the traffic control devices, speed limits, weather conditions, cell phone usage and witness accounts.

Generally speaking, if one party is rear ended and the other party was following the traffic rules, the party in back is generally held liable.

Another factor that plays into the assessment of fault is the police report. It is important that you provide the police officers with an accurate account of the events which led to the accident because the police officer will use your statements in creating the police report. If one party is given a ticket or citation at the scene, that will also play a part in determining fault.

If you have been injured in a motorcycle accident and need to speak to an attorney, please do not hesitate to contact us.

What are the criteria for gender discrimination lawsuits?

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If you are experiencing discrimination based on your gender at your work, you may have the right to file a lawsuit. Under federal law, gender discrimination is prohibited in workplaces of employers who employ at least 15 people. State laws vary, but may provide even more protection, and some city laws also provide significant protection. Before you file your gender discrimination lawsuit, consult with an experienced attorney and take the time to gather evidence for your case and learn what is needed for a successful outcome.

Intentional vs. Prima Facie: What Case Type Do You Have?

In a gender discrimination lawsuit the burden is on you, the plaintiff, to prove that you’ve been a victim. Courts recognize two different types of approaches in sex discrimination cases: intentional, or direct, discrimination and prima facie, or indirect, discrimination.

For intentional discrimination, you have to prove your employer discriminated against you based on your gender some kind credible, specific evidence. For instance, if your employer failed to give you a promotion and sent you a written statement that admitted you were passed over because you are a woman, you have direct evidence of intentional discrimination.

Since intentional discrimination is often hard to prove because of a lack of evidence, you can pursue a prima facie case using indirect proof to show that you were discriminated against. Once you’ve built a successful prima facie case, the burden shifts to your employer, and it must prove it had a legitimate non-discriminatory reason for their actions.

The required evidence to build a case will vary depending upon your state’s laws and your case’s specifics, but you generally must demonstrate that the following is true:

  • You are in a “protected class,” that is, you have a characteristic that federal law prohibits discrimination against, such as gender.
  • You are or were performing your job duties in a consistently satisfactory manner.
  • You have suffered an adverse employment action, such as losing out on a promotion for which you were the most qualified person.
  • You were replaced by another person whose qualifications mirrored yours, i.e., the person did not bring additional experience or qualifications to your job. Usually such a person would not have the protected class characteristic you have.

Documentation Is Key

Documenting anything and everything you can, including what happens to you on a daily basis at work and what actions you have taken, is necessary for your intentional or prima facie discrimination case. Keep a written diary of events that includes dates, times and the names of all people involved. Don’t forget to note the names of any witnesses, even if they weren’t directly involved, and any contact information you can for them (phone number, address, birth date and middle name are helpful types of information).

Use your employer’s formal procedure for reporting a gender discrimination case before going to court, as any negative action taken against you after that will be suspect and a potential part of your case.  This also prevents the employer from claiming it did not know about the discrimination problem.  Make sure you file your complaint with the employer in writing and can prove you did so.  It’s a very good idea to consult with an experienced attorney before making this complaint to make sure all your rights are protected.   Make copies of everything related to your employer’s complaint process so you can show the court you followed the correct procedures. If your employer doesn’t have a formal complaint system, you’ll submit your complaint to your Human Resources department.

If you are not satisfied with your employer’s response, it may be time to file a formal complaint with the EEOC, your local state or city employment discrimination agency, and to take legal action. Consult with experienced legal professionals to take your discrimination case to court and get the resolution you deserve.

How do New York courts assess fault in personal injury cases?

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Have you been injured in a car accident or a slip and fall? If you were involved in a motor vehicle accident or a slip and fall, someone else may be liable to you for your injuries.

Have you been injured in an accident?

fall-prevention-150x150Countless individuals are injured each year in car accidents and premises liability cases. How do you know whether you can make a claims against the driver of the other vehicle or the owner of the property? Read below for a quick overview.

How do New York courts assess fault in personal injury cases?

New York courts utilize a Comparative Fault approach to determine fault in negligence cases. In assessing fault, the court will reduce the amount of damages by the proportionate amount of fault. For example, if Michelle gets injured in a slip and fall accident and the fact finder determines that she was 30% at fault and her injuries were determined to be valued at $10,000, she will receive $7,000 ($10,000 minus the 30% of liability or $3,000).

Other states use different methods for determining fault. Some states, for example, use a proportional comparative fault method. With this method, if the injured party is either 50 or 51% or more at fault, they may be barred from recovering for their injuries. For example, in some states (NOT New York), if Michelle gets injured in a slip and fall accident and the fact finder determines that she was 55% at fault, she would not be able to recover in a proportionate comparative fault state.

New York state uses a method which is more favorable to injured parties than other states, but it is important to know that your damages will be reduced by the amount of fault assessed to you.

How is percentage of fault determined?

There is no magic formula for determining the percentage of fault assessed to the parties in a personal injury case. Courts and the fact finder will look at all the circumstances surrounding the accident. Many factors will come into play, including the traffic control devices, speed limits, weather conditions, cell phone usage and witness accounts for motor vehicle accidents. For slip and fall cases, factors such as witness accounts, cell phone usage, familiarity with the premises, footwear, and weather conditions will be assessed.

Generally speaking, the injured party will need to prove that the another party was proximate cause of the injuries sustained. In slip and fall cases, it will be important to prove that the other party had notice of the hazardous or dangerous condition which caused the accident.

If you have been injured in an accident and need to speak to an attorney, please do not hesitate to contact us.

How do you prove gender discrimination?

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Gender discrimination encompasses a wide range of actions from hiring and salary biases to sexual harassment. While your employer should have a policy in place covering gender discrimination, it might not feel like enough when you’re facing discriminatory practices every day. It is important for you to have a plan for handling this type of discrimination should you feel that your employer is not going to correct it on its own, particularly if you have never been in this sort of situation before.

Document Everything

Whether or not you are certain that you are being discriminated against, you have a valid concern if you are feeling uncomfortable. Documenting everything that makes you feel confident that you’re taking positive steps towards dealing with discrimination, helps you identify behavioral patterns, and this information is very helpful to a New York gender discrimination lawyer when you feel the need to elevate the issue to court action.

In documenting events, write down every detail and keep copies of all supporting materials, such as correspondence, emails, memos, and performance reviews. Identify the parties present at the time the gender discrimination occurred, write down exactly what was said, and notate the date and time of the event. Do this as soon as possible while the incident remains fresh in your mind. Keeping a small notebook for this purpose is a good choice since it is portable and discreet.  Keep your records in a safe place and consider making backups in case of loss or damage.

Talk to Potential Witnesses

If others are experiencing the same problems you are, ask them if they would be willing to document any incidences they’ve been a part of, as well. Some people are hesitant to write down these experiences, but they may be willing to serve as a witness later in your court action if called upon. You yourself can write down any information they provide to you orally, and you can get as much contact information for the witness as possible. Document that you have spoken with the person and that he or she is willing to support you later during the legal process.

Include his or her full name and any other identifying information you can get (address, e-mail, phone number, birth date, etc.).  Your attorney can use these details at a later date when proceeding with the formal complaint. In some cases, witnesses may fear recrimination, and your attorney can explain the legal ramifications of their assistance to them, as well as any statutes designed to protect them after they serve as a witness in your court action for gender discrimination.

Contact an Attorney

While you can file a gender discrimination complaint on your own, this is likely not the best course of action for you. A skilled New York gender discrimination lawyer has experience with cases like yours every day. He or she can look at your documentation, talk with your witnesses, and give you detailed advice that relates to your particular case.

He or she may even be able to give you insight as to the strength of the case, whether you have additional options, and what steps need to be taken and in what order. Hiring a skilled attorney ensures that you have someone with you every step of the way as you ready for, and enter into, court.

It is important to remember that proving gender discrimination in court relies on having as much solid evidence of the infraction as possible. It is even better to have witnesses who can back up your statements with their own experiences. Once you have an experienced attorney helping you with the legal aspects, you can start to recover from the emotional impacts of gender discrimination.

How do New York courts assess fault in car crashes?

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Have you been injured in a car accident? If you were involved in a motor vehicle accident, someone else may be liable to you for your injuries.

Have you been injured in an accident?

Countless individuals are injured each year in car accidents accidents. How do you know whether you can make a claims against the driver of the other vehicle? Read below for a quick overview.

How do New York courts assess fault in car crashes?

car-crash-attorneyNew York courts utilize a Comparative Fault approach to determine fault in accidents. In assessing fault, the court will reduce the amount of damages by the proportionate amount of fault. For example, if Lisa gets injured in a car accident and the fact finder determines that she was 40% at fault and her injuries were determined to be valued at $10,000, she will receive $6,000 ($10,000 minus the 40% of liability of $4,000).

Other states use different methods for determining fault. Some states, for example, use a proportional comparative fault method. With this method, if the injured party is either 50 or 51% or more at fault, they may be barred from recovering for their injuries. For example, in some states (NOT New York), if Lisa gets injured in a car accident and the fact finder determines that she was 55% at fault, she would not be able to recover in a proportionate comparative fault state.

New York state uses a method which is more favorable to injured parties than other states, but it is important to know that your damages will be reduced by the amount of fault assessed to you.

How is percentage of fault determined?

There is no magic formula for determining the percentage of fault assessed to the parties in a car accident. Courts and the fact finder will look at all the circumstances surrounding the accident. Many factors will come into play, including the traffic control devices, speed limits, weather conditions, cell phone usage and witness accounts.

Generally speaking, if one party is rear ended and the other party was following the traffic rules, the party in back is generally held liable.

Another factor that plays into the assessment of fault is the police report. It is important that you provide the police officers with an accurate account of the events which led to the accident because the police officer will use your statements in creating the police report. If one party is given a ticket or citation at the scene, that will also play a part in determining fault.

If you have been injured in an accident and need to speak to an attorney, please do not hesitate to contact us.

What laws apply to gender discrimination in pay?

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Gender discrimination laws are designed to prevent a variety of discriminating behaviors in the workplace, including differential pay. There are many different types of anti-discrimination laws, made by the U.S. government, state governments and many cities.  All have a specific application. Numerous laws have been passed to bring pay levels between genders into parity, changing as society and perceptions have evolved. Ultimately, the law requires equal pay for equal work and a lawsuit can be brought to bear against an employer who is fails to comply with this standard.

Understanding the History of Wages

In order to understand how gender discrimination laws work, it helps to understand a bit about their history first. The Wages and the Fair Labor Standards Act (FLSA) was passed in 1938. It was the very first piece of legislation enacted that defined how employers were to pay their employees (it also created guidelines for child labor). Now employers had to pay a minimum wage across the board and categorize employees into three different types: independent, hourly and salaried. Each class of employee had to be paid in the same manner, could only work so many hours per week, and had to be paid overtime thereafter.

It wasn’t until 25 years later that the Equal Pay Act (EPA) was passed. This Act amended Section 6 of the FLSA and added new language that specifically sought to eliminate the pay gap between men and women. Many factors lead to the enactment of the EPA, including the unfortunate reality that women were paid less than men while performing the same job duties.

The EPA was further bolstered by the Corning Glass Works v. Brennan lawsuit in 1973. This lawsuit reached the United States Supreme Court where it was found that Corning violated the EPA. Corning had hired women to do night shift work, but recruited men from the day shift to work as night supervisors at considerably higher base pay than women who were performing the same duties. This payroll disparity last for more than 30 years until the EPA was passed and the lawsuit was commenced. Even though Corning attempted to correct the issue at some point, it didn’t do enough. The Supreme Court decided that Corning did in fact violate the EPA. It sent a clear message to employers to even out their pay scales or else be held liable in court.

How Discrimination Laws are Applied in the Current Era

Since the Corning Glass Works v. Brennan case, the EPA has been modified and amended more than once. The goal of the amendments has been to eliminate the gender pay gap that still plagues the U.S. today. Employers still find what they claim are valid reasons for not paying a woman as much as a man for the same kind of work. While the gap has been closing, it remains wide enough that the laws are still being refined.

Perhaps the most powerful piece of gender discrimination laws to pass recently was the Lily Ledbetter Act. The Lily Ledbetter Act effectively eliminated a statute of limitations on a discrimination lawsuit over pay. Normally, there would be a set time within which to file a lawsuit from the first known instance of discrimination. With the Ledbetter Act, each paycheck that demonstrated unequal pay is considered a unique violation of the EPA. What this means is that every time an employer issues a paycheck that is lower than it should be, it’s a violation, and keeps the clock running for a lawsuit.

Someone who feels that they are being discriminated against by their employer due to their gender has the right to sue under the law for the missing pay. The laws are powerful, and are written to protect the discriminated employee when it comes to enforcing his or her rights.  They should contact an experienced attorney as soon as possible and learn about their legal rights.

What are ways to protect against gender discrimination?

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In a perfect work environment, hiring, promotions, and dismissals would all be issues decided entirely on the merits of an employee’s work, rather than factors such as office politics or gender. Unfortunately, the reality of the working world is that unfair treatment and discrimination do sometimes enter the picture, making for unfair outcomes and even promising careers cut short. Of course, there is no doubt that gender discrimination is wrong. And the law recognizes this fact as well, so the American justice system provides remedies for the victims of gender discrimination in the workplace.

It’s important to remember that as the victim of gender discrimination, such acts are not your fault. Moreover, the responsibility to prevent such acts of discrimination is on your employer and the offending party, not you. In some cases, though, you may be able to discourage the likelihood of such discrimination heading in your direction. If you do feel you have been a victim of gender discrimination, it is always best to consult an attorney who has experience in this area. In the meantime, you may be able to protect against gender discrimination through the use of some at-work strategies.

Office-Wide Strategies

One way to protect against gender discrimination is by encouraging awareness and educational efforts. Your workplace should already have in place some training and educational programs to deter harassment, but if it does not, speaking to management may be helpful. By alerting your management to the importance of training and education efforts, you are helping them avoid potential liability, a fact you may wish to mention.

Another way to protect against gender discrimination is to encourage a culture of openness and one that celebrates everyone’s achievements. A workplace that takes pride in everyone’s contributions and accomplishments, regardless of gender, is one in which gender discrimination is less likely to occur. Pointing out that everyone’s accomplishments are worthy of praise and recognition can help cultivate an atmosphere of mutual respect and inclusion, which may help eliminate or stave off gender discrimination.

In addition, you can try to encourage the establishment of a reporting system for harassment and discrimination. Such a system is best put in place with the backing of management, as that will indicate the seriousness with which complaints will be dealt. This type of system should provide some sort of protection for the reporting parties so that there are no retaliatory actions taken toward those who are the victims of gender discrimination and simply want to report that fact.

Personal Strategies

On a more personal level, you can attempt to avoid those who are engaging in discrimination and decline the opportunity to work with those individuals when possible. Additionally, you can try to ask for a re-assignment or speak with a superior about the discriminatory behavior. Sometimes, simply drawing attention to the situation and talking about it can help peacefully diffuse the situation.

But in the end, the responsibility to end gender discrimination does not fall on you. It falls on those performing the discriminatory action. If you feel you have been the victim of gender discrimination, you should seek legal counsel to understand your rights and options through the court system. Speaking with a dedicated attorney with experience in this field will put you in a better position to handle gender discrimination and can empower you to continue on in a successful career.

How does a sexual harassment attorney prove fault?

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You may think that if you don’t have direct proof of sexual harassment, like a photograph or a video or an audio recording or a witness, then a lawyer won’t take your case because he won’t be able to prove it. But that’s not correct. Most sexual harassment cases lack direct proof, but it is still possible to win significant money damages from the employer..

Credibility

sexual-harassment-lawyerThe most important evidence a sexual harassment victim can give is her (or his) own testimony.  What this means is that from the first moment you make your complaint and tell your story, you must tell the truth. You must not change or shade facts because you think they might undermine your credibility. What undermines your credibility is getting caught in a lie.  After that happens, nobody will believe you no matter what you say. An experienced lawyer can help you present your case and explain any difficult points to the fact finder, but a lawyer can’t help you unless you tell the truth. Ultimately if you are a credible witness you can win your case even if you have no other proof.

Circumstantial Evidence

If you are being victimized by sexual harassment, you can keep a diary in which you write down all the dates and times and details of what happens to you.  One of the most important factors in your credibility is if you can provide very specific details about what, when and where it happened to you, so that the details you give can be checked and verified.  A diary can help you do that.  You can also write down how your feelings change because of the harassment, and changes that happen in your life (like changes in eating or sleeping patterns, or changes in behavior towards others).  People around you should be able to verify these changes.  You can consult a medical doctor or psychologist or counselor to talk about what is happening to you, and you can talk to friends and family about it. All of these things are circumstantial evidence that you may be able to use to prove your case.

Other Victims

Sexual harassers often have many victims, not just you.  You should find out whether other people in your workplace, current or past employees, may have been victims of similar treatment.  If so, your attorney may be able to identify patterns of conduct that you can use to prove your case, or such evidence may be helpful in supporting a case for punitive damages..