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.