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Have you been treated unfavorably by an employer because of your gender?
Any employer who treats employees differently because of their gender is breaking workplace law.
If you have experienced sex discrimination by a Florida employer, there are laws in place to help you. You do not need to accept it as part of the job.
As a Florida gender discrimination lawyer, we can help you:
- Understand your rights according to state and federal laws
- Assess whether you have a legitimate discrimination complaint
- Pursue legal action if you have been discriminated against because of sex/gender
WHAT DOES THE LAW SAY ABOUT GENDER DISCRIMINATION?
Federal and state laws are clear about sex discrimination in the workplace. It was banned in Title VII of the Civil Rights Act of 1964, which came shortly after the Equal Pay Act of 1963.
The sex discrimination laws have also been amended several times to include wider powers like pregnancy discrimination.
It is illegal for any employer to discriminate on the basis of sex, gender, or gender identity, including transgender status, or because of sexual orientation.
This applies in any of the following employment situations:
- Hiring and firing employees
- Awarding pay
- Making job assignments
- Deciding on promotions and demotions
- Laying off employees
- Training employees
- Fringe benefits
- Other terms or conditions of employment
The state and federal laws protect both women and men equally, as well as transgender status.
Note also that your employer does not have to be of a different sex to discriminate. A woman discriminating against another woman on the basis of her gender is still breaking the law.
Gender Discrimination Case Examples
EXAMPLES OF SEX DISCRIMINATION
The sex discrimination laws protect you against the following types of actions by an employer:
- Refusing to interview or hire people because of their gender (or transgender status)
- Asking inappropriate questions at an interview (e.g. about sexual orientation)
- Refusing to promote an employee because of their gender
- Failing to give equal job assignments to employees of all gender statuses
- Providing lower compensation (wages, salaries, benefits) for a female employee than for a male employee
- Failing to provide training opportunities to males that are offered to females
- Disciplining an employee of one gender more harshly than others
It is worth noting that sex discrimination can be intentional or unintentional. If an employer introduces a practice that is designed to be fair and “neutral” but results in an adverse effect on one gender, it may be viewed as sexual discrimination.
Sex discrimination in the workplace can also lead to sexual harassment. It can be verbal or physical abuse and you are protected against it separately in federal and state law.
HAVE YOU SUFFERED AT WORK BECAUSE OF GENDER DISCRIMINATION?
Sex discrimination can be obvious in some cases.
A male employee might receive a higher salary than a female employee with the same job title, doing exactly the same job with the same daily tasks.
However, sex discrimination can also take subtler forms, such as:
- Job advertisements that portray sexual stereotypes
- A question asked during the interview process
- Overheard comments by a supervisor or coworker
- Being passed over for promotion repeatedly without good reason
- Being treated differently after your supervisor finds out that you are a member of a particular organization
Such discrimination is, unfortunately, still very common.
The results can be damaging for individuals, leading to:
- Restricted career opportunities
- A lower income or financial difficulties
- Health problems, including stress and mental health issues
Gender discrimination is often unreported out of fear of losing one’s job. However, the law protects you here too. It is against the law for an employer to retaliate against you if you make a complaint or file a claim with the EEOC.
It is important to seek the right legal advice if you feel that you have been discriminated against.
HAVE YOU EXPERIENCED GENDER DISCRIMINATION IN THE WORKPLACE? WHAT CAN YOU DO?
Do you feel that you have been discriminated against in the workplace because of gender?
If so, you may be able to take legal action that requires your employer to:
- Take action to restore you to the same position you would have been in if the discrimination had not taken place
- Pay damages to compensate you for back pay, benefits, emotional distress, suffering, and so on
- Prevent future acts of discrimination
As an experienced employment discrimination attorney, we can help assess your case for sex discrimination.
If pursuing legal action is the right option, I will help you take the necessary steps to build your case.
PROVING YOU HAVE A GENDER DISCRIMINATION CASE
Even though gender discrimination is illegal, it is still prevalent in many workplaces nationwide. If you believe you have been discriminated against, you should know how to prove your case. Establishing that you have a gender discrimination case entails showing that you have been treated unfairly because of your gender and that your employer has violated local or federal law. Here are some critical steps to prove that you have been discriminated against because of your gender.
Step 1: Gather Documentation
Documentation is key in any gender discrimination case, and it should be one of the first things you should consider if you bring a claim against your employer.
Thoroughly document any incidents or comments that may have been discriminatory. Further, talk to any of your friends, coworkers, or family who may have witnessed the discrimination to see if they will testify that they saw the discriminatory behavior happen. Keep a record of the dates, times, and locations of the discriminatory behavior. This will be important evidentiary information down the line.
Step 2: Review Your Employer’s Policies
Review your employer’s policies to see if they violate local or federal anti-discrimination laws. For instance, if your employer has a policy that tends to favor men over women for promotions or bonuses, this may be evidence of gender discrimination.
Step 3: Contact a Gender Discrimination Attorney
Once you have gathered all information and documentation, reach out to a Florida gender discrimination attorney who can help you organize the evidence and direct you on how to proceed.
CONTACT A FLORIDA GENDER DISCRIMINATION ATTORNEY
From here, we need to:
- Assess your claim. Start by booking a free phone consultation below.
- Decide whether to pursue a complaint after our consultation.
- File a complaint or lawsuit with a local or federal agency, or state or federal court.
- Prepare the paperwork so that we can draft the complaint or lawsuit.
Our experienced lawyer also handles clients with other types of discrimination cases, including:
- Disability discrimination,
- National origin discrimination,
- Pregnancy discrimination,
- Race discrimination, and
- Age discrimination.
Contact our law firm Brenton Legal P.A. today.
Our experienced legal team also handles clients with other types of employment cases, including:
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