Gender discrimination at work is when an employer, employee, or other party treats someone unfairly at work because of the person’s gender. This type of harassment can involve the victim’s sex, sexual orientation, transgender status, or gender identify. Title VII of the Civil Rights Act of 1964 protects employees from discrimination due of sex or gender, including hiring, firing, promotions, pay, training, and employment benefits. Discrimination and sexual harassment can take many shapes and forms in the workplace. If you believe you’re the victim of this wrongdoing in California, come to Winer, Burritt and Scott, LLP, for exceptional legal help.
How to Identify Gender Discrimination?
An adverse outcome at work isn’t necessarily gender discrimination. An employer denying you a promotion or a certain schedule doesn’t mean you’ve been the victim of this type of harassment. Determining whether gender discrimination has taken place at your job requires an investigation of the facts of your case. If someone is treating you differently from others based on something to do with your gender, it’s illegal. If different treatment results in negative employment outcomes, it’s also illegal.
To determine gender discrimination, first ask yourself if the way your employer or a coworker treated you was because of your gender or if it could be for another reason. Perhaps another candidate was simply more qualified than you. Take your issue up with the person and find out if he or she had a legitimate reason for the adverse employment action. If he or she can’t come up with an explanation for your employment action, you may have a gender discrimination case on your hands.
Gender discrimination can take many forms. It can be blunt, like an employer terminating your job after discovering your sexual orientation, or subtle, like leaving you out of social workplace activities. If you file a complaint regarding your situation and then experience a demotion, pay cut, or other adverse action, you may be the victim of retaliation. Retaliation is a form of harassment that serves to punish the employee for speaking out against gender discrimination. If you’ve experienced anything in the workplace that makes you feel like you’re in a hostile work environment due to your gender, speak to an attorney.
Once you’ve ascertained that you have been the victim of gender discrimination in the workplace, start documenting your experience. Begin by writing down all instances of discrimination or harassment you’ve experienced since the beginning of your time at the position. If others in the workplace witness discrimination, write down their names and gather statements if possible.
Speak to the person discriminating against you and let him or her know how you perceive his/her actions. It may simply be a misunderstanding. In many cases, however, it will take an official complaint with your company to settle the issue. Go to the human resources department and complain about the alleged gender discrimination. At this point, it will be up to the company to investigate and resolve the issue. If your employer ignores your complaint, doesn’t take it seriously, or otherwise fails to take effective action, you can go to the Equal Employment Opportunity Commission (EEOC) for resolution.
Contact Experienced Gender Discrimination Lawyers at Winer, Burritt & Tillis Today
The EEOC oversees investigating sexual harassment and discrimination claims within the workplace. The EEOC will either look into your claim and offer assistance or send you a Notice of Right to Sue. With this notice, you have the right to sue the company for gender discrimination. You may be eligible to receive compensation for your economic and emotional damages through a lawsuit. Sexual Harassment attorneys in California at Winer, Burritt and Scott, LLP, can help. Contact us online or call (510) 433-1000 to schedule a free in-person or over-the-phone case evaluation.
**We do not represent perpetrators of sexual harassment or those who are accused of sexually harassing behavior.