Sex and gender discrimination is defined by Title VII to include unfair treatment toward an employee based on their biological sex or gender. Unlawful employment practices include sex or gender discrimination with regards to hiring, firing, advancement, and other conditions of employment. If you need a sex and gender discrimination lawyer in Philadelphia or Mt Laurel, call Zeff Law Firm for a free legal consultation.
Has your employer discriminated against you based on sex or gender? Call 856-778-9700 to discuss your situation with our skilled Philadelphia gender discrimination attorney.
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Examples of Sex & Gender Discrimination Litigation
When a person is mistreated due to their gender or sex, this is known as gender or sex discrimination. If this type of discrimination leads to harassment and hostile work environment in the workplace, the employee has the right to file a lawsuit.
Sex and Gender Discrimination Includes Discriminating Based On:
Gender stereotypes, such as not acting “masculine” or “feminine” enough
Employers can not impose policies targeting the appearance of employees particularly those belonging to one sex. As an example, employers can not ask female employees to wear a particular set of clothes without asking male employees to do the same. Employers must equally enforce policies for both male and female employees.
Some examples of gender or sex discrimination are:
Not promoting a female employee, even if she has more experience and skills than her male counterpart.
Female employees get paid less than their male counterparts for the same job role in the same office.
Harassment or bullying for being “too womanly” or “too manly”.
Targeting an employee of another gender with unwanted behavior
"Our society needs to recognize the unstoppable momentum toward unequivocal civil equality for every gay, lesbian, bisexual and transgendered citizen of this country."
- Zachary Quinto
The Equal Pay Act prevents an employer from paying higher or lower wages based on sex. When a man and a woman perform essentially the same job, but are paid different wages based solely on gender, the employer is in violation of the Equal Pay Act. If your employer is paying male and female employees differently for the same work, you may want to discuss the situation with a gender discrimination attorney.
Our Philadelphia Gender Discrimination Attorneys will help evaluate the merits of your case
Proving a case of gender discrimination can be complicated and difficult. Most gender discrimination lawsuits boil down to the decision-maker’s intent, however, it is very difficult to read the minds of employers. So, until the employer directly admits the discrimination in court, the employee has to present evidence to prove the employer’s action was to discriminate against the employee. However, before filing a claim, talk with your employer or HR department about the issues you are facing. If you do not get logical reasons or straightforward feedback, consult with a gender discrimination attorney to discuss the legal options of your situation, and to file a lawsuit under the attorney’s guidance, if appropriate.
A Gender Discrimination Lawyer will walk you through the legal process
If you believe that you have experienced discrimination anywhere in New Jersey or the Philadelphia area, you may need to file a claim with the Equal Employment Opportunity Commission. EEOC will provide guidance for you but if you think that remedy is not enough, then you may hire a gender discrimination attorney and file a suit against the employer. However, it is essential that you file a claim with EEOC first.
Generally, a gender discrimination claim is difficult to prove without the help of an attorney. An experienced gender discrimination attorney in Philadelphia or Mount Laurel can help navigate through these procedures. State laws may offer more protection than federal law. Contact our Philadelphia gender discrimination attorneys at 215-694-8885 to learn more.
What is Covered in Sex Discrimination Law?
Sex discrimination laws protect people from being discriminated against based on their sex. This type of law mainly prohibits two categories of sex discrimination offenses: first, employers should not make any work-related decisions such as hiring, firing, or promotion on the basis of employees’ sex. Secondly, these laws also prohibit salary discrimination for individuals having the same work experience and job role.
Sex discrimination laws also restrict harassment in the workplace based on employees’ sex differences. That means employers, supervisors, seniors, and co-workers in the office or workplace should not harass, make jokes, comment, or tease an individual based on their sex. This also includes making any unwanted sexual advances or unwanted contact. Whether you facing the above-mentioned problems or are unsure of your situation, consult with Zeff Law Firm’s gender discrimination attorneys to discuss the legal options for your case.
What Laws Protect Against Sex and Gender Discrimination?
In the US, there are two federal laws that prohibit sex discrimination. The first is Title VII of the Civil Rights Act. This law prohibits employers from treating an employee differently or less favorably because of a number of arbitrary characteristics, including an employee’s sex. Title VII also makes it illegal for employers to treat employees differently because of sexual orientation or gender identity. It also prohibits employers from taking negative employment actions because an employee is pregnant or because of certain traits and stereotypes about genders. If this has happened to you, contact the sex discrimination lawyers at Zeff Law Firm for a free consultation.
Another important law that governs sex discrimination in the workplace is the Equal Pay Act, which requires employers to pay employees the same salary for performing the same work. In other words, the Equal Pay Act makes it illegal for employers to pay individuals different wages based on their sex.
Finally, most states have state laws that prohibit discrimination on the basis of sex or gender. A sex discrimination lawyer can help you sort through each of these statutes and help you determine which ones are applicable to your case.
When can you Sue for Sex and Gender Discrimination?
Generally speaking, conduct becomes illegal when it is so frequent and pervasive that the victim is forced to work in a hostile environment. Consequently, if you consistently feel uncomfortable at work because you are forced to listen to your coworkers continually make derogatory comments, or if you feel as though you are being treated unfairly because of your sex or gender, you should consult a sex discrimination attorney. An attorney can help you begin to build a record of your experiences, start developing your case, and advise you on how to handle the situation moving forward. Most importantly, a sex discrimination attorney will help you decide when it is an appropriate time to start your lawsuit, and ultimately guide you through that process.
How do I File a Claim for Sex Discrimination?
Sex discrimination claims are initiated a bit differently than other cases so having the guidance of an experienced sex discrimination lawyer is essential. In some sex discrimination cases, employees must first file a charge of discrimination with the Equal Employment Opportunity Commission, or EEOC. The charge must be filed within a specific time period, and essentially asks the EEOC to review the claims, intervene if necessary and take remedial action. However, other laws simply require you to file a complaint with the appropriate court. The best way to ensure that you are properly initiating your lawsuit or filing a claim for sex discrimination is to work with a sex discrimination attorney. He or she will know the correct process for filing a claim, and will ensure that all procedures and deadlines are met.
Is Sex and Gender Discrimination Difficult to Prove?
Each discrimination case is different, and consequently, the difficulty of proving such a case is different for each and every case. In some cases, there is “smoking gun evidence,” in which an individual can show clear outward discriminatory behavior, such as an email with sexually derogatory comments or several witnesses who corroborate a series of events. However, in more cases than not, the evidence supporting a sex discrimination case is not so obvious. Fortunately, an experienced sex or gender discrimination attorney will know what kind of evidence will boost you claim, and how to search for that evidence throughout the case. As a result, working with a sex discrimination attorney increases your chances of proving a sex discrimination case.
Hire A Sex and Gender Discrimination Attorney
It is very important to talk to someone who is experienced and knows the laws and legal precedents for different cases. If you think that you may be facing discrimination in your workplace based on your gender or sex, consult an expert gender discrimination attorney for advice as soon as possible.
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