Gender Discrimination Lawyer
In the 21st century, many employees assume gender discrimination is a thing of the past. That is, until they experience it firsthand.
Prejudice against employees because of their gender is still very much a reality. Although federal law protects employees from discrimination based on sex—including sexual orientation and gender identity—many are unsure how to exercise their rights after facing discrimination. For many, this raises challenging questions: How can I determine if this treatment qualifies as discrimination? What evidence is required to prove it? Should I seek help from gender discrimination attorneys near me?
If you think you’ve faced discriminatory treatment at work, you don’t have to accept it or sacrifice your job. With the help of a gender discrimination lawyer at Rissmiller PLLC, you can take action to address unequal treatment in the workplace and hold those responsible accountable.
Protections Against Gender Discrimination at Work
Federal employment law prohibits sex discrimination in the workplace, without exception.
Under Title VII of the Civil Rights Act, as affirmed by the Supreme Court in Bostock v. Clayton County (2020), it’s illegal to treat employees or job applicants unfavorably because of their sex, sexual orientation, or gender identity/expression. This also includes unfavorable treatment based on an employee’s actual or perceived gender.
Put another way, federal law bans employers from considering gender or sexual orientation in employment decisions, such as:
- Hiring,
- Firing,
- Recruitment,
- Layoffs,
- Pay,
- Promotion,
- Employment benefits,
- Access to assignments,
- Scheduling,
- Discipline, and
- Any other term or condition of employment.
The law also protects employees from gender-based harassment. Sexual harassment is, unfortunately, one of the most common forms of gender discrimination in the workplace. However, even non-sexual threats, verbal abuse, and inappropriate jokes based on sex can qualify as illegal gender discrimination under federal law.
How to Recognize Workplace Gender Discrimination
Gender discrimination can be overt or subtle. Today, blatant prejudice against certain genders or sexual identities is increasingly rare. Instead, discrimination often involves subtle, ongoing patterns.
Red flags that may indicate gender discrimination include:
- Unfair pay or promotion practices—less-qualified male employees repeatedly receive higher compensation or advancement opportunities than qualified female employees;
- Unequal benefits—an employee’s same-sex spouse is denied health benefits available to heterosexual spouses;
- Expectations based on gender stereotypes—female employees are assigned clerical work not required of male employees in similar positions;
- Illegal interview questions—hiring decisions depend on whether a candidate is married or has children;
- Limited opportunities because of family responsibilities—refusing to promote employees who are pregnant or parents;
- Derogatory comments or jokes—insulting remarks or slurs targeted at people of your sexual orientation or gender identity; and
- Denied access to facilities—preventing transgender employees from using restrooms available to other employees.
These are just a sample of the behaviors and forms of unequal treatment that could qualify as gender discrimination. If you’re unsure whether what you’re experiencing could be discrimination, it’s best to consult a legal professional.
How to Prove Gender Discrimination
To prove a gender discrimination claim, you must show your rights were violated specifically because of your gender identity or sexual orientation. You must also demonstrate that similarly qualified employees of other genders or orientations were not treated in the same way. The following steps may help build your case:
Document Incidents
Keep detailed records of suspected discrimination. Note each incident’s date, time, and location. Include a detailed summary of what happened and any witnesses present. Save all relevant written or digital communications, such as emails, memos, digital messages, and performance reviews that may indicate bias.
Find Witnesses
Speak to coworkers or others who may have witnessed discriminatory incidents. Their statements can corroborate your version of events. Some colleagues may have witnessed similar treatment. Establishing a pattern of discriminatory behavior can strengthen your claim.
File a Complaint
Make a formal complaint to your manager or Human Resources about the discriminatory treatment. Employers are legally required to address discrimination. Alerting them to your experiences gives them the opportunity to correct the issue.
Many companies have specific procedures for reporting discrimination to the appropriate department. Follow this process carefully, and keep a copy of your complaint.
Hire the Right Gender Discrimination Attorney
An employment attorney can provide vital legal insight and support in a gender discrimination case. Look for an experienced lawyer with relevant case experience. For example, an employee facing harassment due to gender expression should seek out a seasoned attorney with experience in gender identity discrimination cases. The right lawyer will know the specific regulations and legal strategies to help you build a strong case.
How a Gender Discrimination Attorney Can Help
Seeking justice for unequal treatment at work can feel daunting. The support of a qualified legal professional is essential. An employment attorney can help:
- Evaluate your situation and determine your grounds for a gender discrimination claim;
- Advise you on your rights and legal options under federal and state laws;
- Collect evidence and witness statements to support your discrimination claim;
- Identify and address illegal employer retaliation;
- Negotiate for you to receive just compensation from liable parties; and
- Represent your claim in court, if necessary.
Be aware: employees have a limited timeframe to take legal action. Don’t wait too long to obtain the support you need.
Rissmiller PLLC: A Gender Discrimination Lawyer to Fight for You
No one deserves to have their career limited by prejudice. Attorney Alex Rissmiller has witnessed the emotional and financial toll of unaddressed sex discrimination. Your story doesn’t have to end this way. At Rissmiller PLLC, we are dedicated to offering skilled, compassionate advocacy to get you the justice you deserve.
Contact our office today to learn more about our services. We offer free, no-obligation consultations to ensure you understand your rights and legal options.