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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.

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..

How does sexual harassment differ from gender discrimination?

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While you may have heard the terms “sexual harassment” and “gender discrimination” used interchangeably, these two behaviors, in fact, fall under separate legal definitions. Knowing what each term encompasses helps you determine the best course of action if you become an unfortunate victim of either scenario.

Sexual Harassment: A Brief Guide

Sexual harassment is an umbrella term for a variety of acts of a sexual nature that cause another person discomfort or harm. According to the U.S. Equal Employment Opportunity Commission, unwelcome advances or remarks of a sexual nature, including dirty jokes; sexual requests and/or bribes; repeated display of sexual materials within eyesight; intrusive sexual questions; any form of non-consensual touching; and sexual ridicule are all considered workplace sexual harassment.

You can be sexually harassed by anyone in your workplace, including your customers, and it is prohibited by federal law in workplaces with 15 or more employees. It is important to keep in mind that your state also has a set of sexual harassment regulations, so if you believe you have been a victim of sexual harassment, review your state’s legislation, as well, to determine your specific rights.

Gender Discrimination in the Workplace

Gender-based discrimination is the unfavorable treatment of an employee or potential employee because of that person’s gender or his or her connection with a group traditionally associated with a particular gender. As with sexual harassment, employers with at least 15 employees are prohibited from exhibiting gender-based discrimination in their workplace under federal law, and some states have their own laws regarding this type of discrimination.

As covered by the EEOC, an employer may not be gender discriminatory against any person in any area of employment including the hiring, laying off and firing of personnel; promotions and pay raises; job assignments; training and job-relevant education; fringe benefits, bonuses and other eligible compensation; and any other condition or term of employment.

While there are defined differences between sexual harassment and gender-based discrimination, the two can cross over into each other. For example, if an employer has a history of promoting men over equally qualified women unless the women acquiesce to sexual advances, this employer might be found to be committing both gender-based discrimination and sexual harassment in the workplace should a complaint be filed.

What to Do If You’re a Victim

If you’re a victim of sexual harassment and/or discrimination based upon your gender, you may be able to file formal charges against your employer. Prior to filing charges, document your treatment. This includes keeping a written log of the harassment and/or discrimination you experienced and collecting any physical evidence, such as electronic communication and corroborating statements. Note the names of any witnesses present when the infraction occurred, as well as the dates, times and location of each incident you’ve documented.

Take your evidence to an experienced legal professional to discuss your sexual harassment and/or gender-based discrimination case. You’re entitled to a workplace free of harassment and discrimination, so if you are a victim, do not hesitate to protect yourself and your rights.

How can a lawyer help me if I’m being sexually discriminated against at work?

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Helping you take your sexual discrimination case to court is not the only way a lawyer can help you with this problem.  A lawyer can investigate your case and gather evidence, negotiate with your employer and their insurance company, help you file a complaint with your employer or a government agency, or take your case to court as a last resort.

Investigation

The best way to win a favorable resolution of your sexual discrimination case is to effectively gather as much evidence as possible.  Having a lot of evidence is the best way to convince your employer to do the right thing and stop the conduct that is causing you problems, and give you fair compensation for it. An experienced lawyer knows where to look for crucial evidence and what to do to protect and preserve it. It’s important to speak to an lawyer as soon as you start having problems so that as much evidence as possible, and all your legal rights, can be fully protected.

Negotiation

Once your lawyer has investigated your case, the lawyer can make a demand on your employer to resolve the matter. Your employer can’t fire you because your lawyer makes this demand, that’s against the law.  Your lawyer can present evidence to the employer and negotiate with the employer or the employer’s lawyers or insurance company and try to convince them to do what is necessary to stop the discrimination in order to avoid the lawsuit. This means that the problem will end quickly and you will receive fair compensation for your mistreatment. 

Filing a Complaint

If your employer won’t negotiate, you can discuss with your lawyer filing a formal complaint with your company’s equal employment opportunities office or with an agency of state or federal government. Sometimes one of these offices will be able to intervene with your employer and convince them to do the right thing.  Employers know that government agencies can take legal action to penalize employers who illegally discriminate, and they may not want to risk such action.  It’s very important to have a carefully investigated case with all available evidence ready to be presented to the agency, and you should consult an experienced attorney before taking such action because it can significantly affect your legal rights.

Filing a Lawsuit

If all else fails, your attorney can file a lawsuit on your behalf in state or federal court.  Sometimes government agencies are not willing to take action on behalf of certain employees, and their employers refuse to negotiate. In that case you have no other choice but to go forward with a lawsuit.  Your employer can’t fire you because you file a lawsuit or make a complaint with a government agency, and if you do nothing your ability to sue can be lost because of the statute of limitations.  What’s more, many times sexual harassment escalates into a serious sexual assault, so you should not just ignore the problem and hope it will go away. An experienced attorney can explain the risks and benefits of filing a case in court and can guide you through the process.

What is Sexual Discrimination in the workplace?

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Harassment-workplace-sexual-150x150Often, discrimination shows up when you least expect it. At first, you may not even realize that discrimination is what you are facing. Sometimes it takes someone pointing it out to you, or worse, the discrimination becomes so severe that there is no longer any doubt in your mind. Once you recognize there is a problem, you must take action.

Sexual Discrimination Defined

Federal laws define sexual discrimination fairly specifically — Employers may not discriminate against anyone on the basis of gender while making decisions about hiring, firing, compensating, or promoting employees or potential employees. These laws cover sexual harassment as well as pregnancy and childbirth.

Recognizing Discrimination

It may be difficult to believe that you are experiencing actions that are discriminatory. In the case of sexual discrimination, you may think that because no one is demanding sexual favors or making suggestive statements, you are not experiencing this type of discrimination. When you first start suspecting this type of problem, start paying attention to how exactly you are treated in relation to others around you. If in doubt, ask a close friend or coworker how they feel about how others are treated.

Proving Workplace Discrimination

Once you are certain that what you are dealing with is discriminatory behavior in your workplace, you may want to begin documenting what goes on. Write down conversations that are discriminatory, word for word. Be sure to note the date, time and who was involved in the conversation. Save any written correspondence or memos that are discriminatory in nature, and collect statements from people who are willing to speak up about what is happening.

File a Complaint

Anyone who feels that they have been discriminated against can file a complaint with the Equal Employment Opportunity Commission. Complainants must include their name and contact information, contact information for the employer and a short description of the alleged discrimination along with dates of these events. To meet with the timing requirements of the EEOC, claims must be filed within 180 days from the date of the incident. You may wish to consult with an attorney prior to filing a complaint.

If it has taken you a while to recognize that you are dealing with workplace discrimination, do not feel alone. Many people want to believe that those around them have the best intentions and do not first think of discrimination when they are denied a promotion or experience some other discriminatory act. Now that you know what to look for, you are better prepared to handle yourself if you encounter a problem.

How does a hostile workplace attorney prove fault?

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Hostile-workplace-150x150You may think that if you don’t have direct proof of hostile workplace, 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

The most important evidence a hostile workplace 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 mistreated at work based on your race, gender, age or disability in a way that you find intolerable, 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

Those who abuse others on the basis of race, gender, age or disability 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.

What is sexual discrimination in the workplace?

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man-158378_640-230x300Often, discrimination shows up when you least expect it. At first, you may not even realize that discrimination is what you are facing. Sometimes it takes someone pointing it out to you, or worse, the discrimination becomes so severe that there is no longer any doubt in your mind. Once you recognize there is a problem, you must take action.

Sexual Discrimination Defined

Federal laws define sexual discrimination fairly specifically — Employers may not discriminate against anyone on the basis of gender while making decisions about hiring, firing, compensating, or promoting employees or potential employees. These laws cover sexual harassment as well as pregnancy and childbirth.

Recognizing Discrimination

It may be difficult to believe that you are experiencing actions that are discriminatory. In the case of sexual discrimination, you may think that because no one is demanding sexual favors or making suggestive statements, you are not experiencing this type of discrimination. When you first start suspecting this type of problem, start paying attention to how exactly you are treated in relation to others around you. If in doubt, ask a close friend or coworker how they feel about how others are treated.

Proving Workplace Discrimination

Once you are certain that what you are dealing with is discriminatory behavior in your workplace, you may want to begin documenting what goes on. Write down conversations that are discriminatory, word for word. Be sure to note the date, time and who was involved in the conversation. Save any written correspondence or memos that are discriminatory in nature, and collect statements from people who are willing to speak up about what is happening.

File a Complaint

Anyone who feels that they have been discriminated against can file a complaint with the Equal Employment Opportunity Commission. Complainants must include their name and contact information, contact information for the employer and a short description of the alleged discrimination along with dates of these events. To meet with the timing requirements of the EEOC, claims must be filed within 180 days from the date of the incident. You may wish to consult with an attorney prior to filing a complaint.

If it has taken you a while to recognize that you are dealing with workplace discrimination, do not feel alone. Many people want to believe that those around them have the best intentions and do not first think of discrimination when they are denied a promotion or experience some other discriminatory act. Now that you know what to look for, you are better prepared to handle yourself if you encounter a problem.

What is employer retaliation in a sexual harassment lawsuit?

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colleagues-437024_640-300x199Being sexually harassed in the workplace can be a very complicated matter, especially because victims often aren’t sure if they have legal grounds on which to file complaints. Furthermore, the anxiety involved with filing a complaint at all can have a chilling effect, especially if the person who was a victim is feeling nervous about retaliation. Retaliation is something that can occur on behalf of an employer if that individual becomes upset that a sexual harassment case has been filed.

Potential Types of Retaliation

There are a number of different ways in which retaliation can come into play within the workplace. For example, if a person who filed a sexual harassment lawsuit was ultimately denied a promotion that had already been guaranteed, that individual has suffered an incident of employer retaliation.

The same is true if an employee ends up getting fired after reporting an incident related to sexual harassment or going even further by filing a sexual harassment lawsuit. Employer retaliation can also relate to things such as fringe benefits, job responsibilities and pay levels. A person other than the victim, such as a witness, may also be subject to retaliation.

What You Can Do

Clearly, there are a number of factors that can be related to employer retaliation. However, it should bring peace of mind to know that there are laws within the United States that prevent employers from being able to retaliate against employees because of alleged sexual harassment.

If you have been a victim of such a problem at work or were involved in reporting it and want to know what your options are, it is in your best interests to contact a law firm that concentrates on sexual harassment cases. After getting a consultation, you’ll feel more informed about whether you have a strong case and how to proceed.

Your Right to Work Without Fear

Being sexually harassed can cause a number of physical, emotional and mental responses that ultimately greatly impact your ability to perform at your best while at work. In addition to wondering whether the perpetrator will try again, you shouldn’t also have to be concerned about whether your employer will do something that compromises your income just because you’ve spoken out about something that happened to you. Get in touch with a competent law firm today and stand up for yourself by not ignoring sexual harassment incidents that occur in your place of work.