Gender discrimination in the workplace is a serious matter. If you feel that you have been the victim of gender-based discrimination, contact a professional gender discrimination attorney. They will be able to help you understand your rights and take the correct course of legal action.
Gender-based discrimination is defined as denying someone equal wages, opportunities, or benefits on the basis of their gender. If a woman is passed up for promotion despite being better qualified for the position, it may be a case of gender-based discrimination. Similarly, if a man is paid less than his female counterparts despite having the same amount of job experience, that is also an example of gender-based discrimination.
Gender-based discrimination can impact anyone at any level of employment. If you are being denied fair benefits or opportunities in your job, it may be because of gender-based discrimination. Employers are responsible for maintaining fair standards in all aspects of employment, including:
- Hiring: Gender cannot be the basis upon which applicants are chosen for a job.
- Firing: Employees cannot be terminated or laid off solely because of their gender.
- Wages: Employees must be paid a fair amount that is similar to the wages received by their coworkers.
- Promotions: Gender cannot be used as a basis for deciding job opportunities.
- Benefits: All employees must receive access to the same benefits, including health insurance and paid time off.
- Accommodations: Employees must be treated fairly and equally at all times. In the case of gender-specific accommodations like maternity leave, employees should expect to receive standard treatment when they return to work.
A gender discrimination lawyer in Los Angeles can help you determine the cause of the discrimination you have experienced. If you believe that you have experienced any form of discrimination, you should take the following steps.
Step One: Talk to the Human Resources Department
Your first step should be to notify your company’s human resources department that you believe gender-based discrimination has taken place. Your employer deserves a chance to resolve the situation before legal action is taken.
During your conversation with the human resources manager, inform them that you would like to file an official notice of gender discrimination. If the employer resolves the situation, you may decide not to pursue legal action. If the employer does not address the situation, you will have proof that you attempted to resolve the issue; this will help the EEOC decide whether to pursue the case.
You are welcome to contact a gender discrimination attorney before you speak to your employer. You may feel more comfortable addressing the situation with someone from outside of your organization.
Step Two: File a Charge with the EEOC
The United States Equal Opportunity Employment Commission, or EEOC, exists to protect every United States citizen’s right to fair and equal employment. After you have notified your employer, you should file a charge of discrimination with the EEOC.
The EEOC has a public portal through which you can file your charge online. As part of the intake process, you will have the chance to speak with an EEOC representative about your case. Submitting an inquiry is not the same as filing a charge of discrimination, so feel free to contact them with your concerns.
You have 180 days to file a charge of discrimination after the incident has taken place. Make sure to act promptly; you do not want to lose your right to sue because you missed a deadline.
Once you have filed an official charge, the EEOC will launch an investigation into your case. Your employer will receive notice that the case has been opened. They will also be given the chance to issue a response statement; you will be able to view this through the EEOC’s portal.
Step Three: Contact a Gender Discrimination Lawyer
If you haven’t already, you should contact the best gender discrimination lawyer while the EEOC is conducting their investigation. They will help you take steps to protect both your employment and your right to sue.
Your employer or manager may not be pleased that you have opened a case against them. Terminating an employee because of a charge filed with the EEOC constitutes employer retaliation, and it is prohibited by the EEOC’s guidelines.
The EEOC typically notifies an organization’s human resources department when a charge is filed. Your immediate supervisor may not be aware that you have filed a charge. The persons informed of your charge will depend entirely on your company’s internal policies.
In all cases, your gender discrimination attorney will be able to advise you on the most prudent actions to take while the case is investigated. In particular, they will help you avoid taking actions that could reduce the merit of your claim.
Step Four: Pursue Your Right to Sue
The EEOC will conduct a thorough investigation into your charge of discrimination. This may involve requesting documents from your employer, visiting your workplace, or interviewing related company personnel. Charges can take up to 10 months to investigate; you can check the status of your charge on the EEOC’s website.
Over the course of the investigation, the EEOC may attempt to mediate a solution between you and your employer. Many employees prefer to take this option so that the discrimination issue can be resolved quickly and with mutual benefit. Speak to your attorney to make sure that your interests are upheld during this mediation session.
If the EEOC determines that gender discrimination has occurred, they might take three different courses of action. First, the EEOC might try to settle with your employer. These settlements are voluntary; your attorney will help you decide whether to accept the settlement.
Next, the EEOC might decide to litigate your case. The EEOC chooses to litigate cases that they feel will further the cause of equal opportunity employment for American citizens. Cases are selected based on their relevance and the resources that the EEOC has available.
The most likely scenario is that the EEOC will issue you a formal Notice of Right to Sue. If you receive this notice, you will have 90 days to file a formal lawsuit in federal court. Contact your attorney as soon as the notice is issued; they will help you prepare and successfully litigate your case.
EEOC investigations can take a significant amount of time to process. If the EEOC has not concluded their investigation after 180 days, you can request a Notice of Right to Sue before the investigation is complete.
You have a right to fair treatment in the workplace. Employers may not deny you opportunities based on gender, age, race, or sexual orientation. If you feel that you have been the victim of gender-based discrimination, contact the professional attorneys at West Coast Employment Lawyers. We offer free consultations to all of our clients; let us help you determine the nature of your case and the next steps that you can take.