Were You Discriminated Against at Work Due to Your Gender or Sex?
Sex and gender discrimination, unfortunately, is not a thing of the past. It is still all too common in the workplace. Gender discrimination lawyers lead the fight against people who violate your civil rights to a discrimination-free workplace.
You probably have a basic sense of what sex and gender discrimination involves, but your protection against this type of discrimination is broader than you might think. It is important to understand what it really means and what legal options you have to safeguard your rights.
What is gender discrimination in the workplace?
Gender discrimination in the workplace is when a person is treated differently due to their gender. Gender is defined by the personal identification of one’s own sex or social roles based on sex.
What is sex discrimination in the workplace?
Sex discrimination in the workplace is when a person is treated differently due to their biological sex, including their anatomy and secondary sex characteristics.
In Title VII and the Florida Civil Rights Act, the terms “sex” and “gender” are used interchangeably when detailing an employee’s rights against discrimination.
Simply put, Title VII of the Civil Rights Act of 1964 makes it illegal to:
- Not hire or to terminate anyone, or to otherwise discriminate against someone regarding pay, job requirements, or any workplace perks or benefits, based on the individual’s sex. (This Act expanded the parameters of the Equal Pay Act, signed into law in 1963.)
- Limit the possibilities of an employee’s ability to retain a job or receive raises or promotions based on their sex.
The Florida Civil Rights Act (FCRA) is the state law that also protects against sex and gender discrimination, covering employees and applicants similar to Title VII. Gender discrimination lawyers utilize federal and state laws in cases of sex and gender discrimination in the workplace.
Examples of sex and gender discrimination in the workplacE
There are a lot of actions that could constitute sex and gender discrimination in the workplace. Know you have the right not to be mistreated. Here are some examples:
- Demoted or fired for your involvement in an association primarily constituted of, or protecting the interests of, a certain sex (such as the National Organization for Women).
- When you are a job applicant and denied an interview due to your sex or gender.
- Getting offensive comments about your gender that do NOT have to be sexual in nature….
- Harassed by any coworker or supervisor, regardless if they are the same sex as you.
- Harassed by anyone you interact with at work, including customers.
- Discrimination due to a general policy that applies to all sexes but is unfairly divisive based on gender (such as uniforms that are unfairly, unevenly revealing to men or women).
- Harassment via postings or advertisements containing sexual stereotypes.
Employees also have the right to not be retaliated against. Here are the basics of Anti-Retaliation law:
The wrongdoer does NOT have the right:
- To retaliate against you, such as demoting you or terminating your position, for moving forward with a sexual harassment case.
- To retaliate against you for any involvement in whistleblowing – notifying governmental authorities of discriminatory practices – or in the sexual harassment case of another employee.
The wrongdoer in a sexual discrimination case has the right:
- To remedy the situation prior to a lawsuit or involvement of the Equal Employment Opportunity Commission (EEOC).
Proving your gender discrimination case
Gender discrimination lawyers work diligently to prove your case. It takes skill, experience with employment law, and a dedication to fighting for the rights of employees. Your attorney will determine strategy and gather evidence to make it as strong as possible.
Circumstantial evidence and documentation that is often used to prove a case of gender discrimination in the workplace includes:
- Employee handbooks and company policies
- Pay stubs and schedules
- Employee reviews
- Journals or calendars documenting date, time, what happened, who was involved
- Copies of derogatory/offensive communications such as emails, texts, memos, voice mails, and pictures
- Comments by supervisors or managers reflecting sex/gender stereotypes
- An employer that segregates duties in the workplace by sex
- An employer’s failure to protect an employee from continued sexual harassment
- Any witness testimony to what happened
Schedule a Free, Confidential Consultation
Sex and gender discrimination are not only wrong – it is against the law. No one should have to go up against a powerful employer on their own. You have a right to a workplace free from discrimination that affects you, your career, and your family. Our gender discrimination lawyers work aggressively to fight for your rights and to hold employers accountable for discrimination.
Call the Wenzel Fenton Cabassa, P.A. office today to discuss your sex or gender discrimination case or schedule your free, confidential consultation now.