The Prevalence of Gender Discrimination in the Workplace
According to one study, more than 40% of working women say that they have experienced discrimination on the job because of their gender. Although gender and sex discrimination can take many forms, victims of it often experience less job security, sexual harassment, and lower pay than their male coworkers. Unfortunately, many instances of gender and sex discrimination in the workplace go unreported. Victims often suffer in silence because they fear that their employer may retaliate against them or they are unaware of the legal protections available to them.
The Law Prohibits Gender-Based Employment Discrimination
Both federal and state laws protect job applicants and employees from employment discrimination on the basis of gender. At the federal level, Title VII of the Civil Rights Act of 1964 prohibit employers from treating employees of one sex less favorably than employees of the opposite sex. At the state level, the Texas Commission on Human Rights Act (TCHRA) provides employees with an additional layer of protection from gender discrimination in the workplace. Additionally, the Equal Pay Act is a federal law that prohibits gender-based pay discrimination.
These laws prohibit employers from intentionally discriminating against job applicants and employees on the basis of their sex (known as “disparate treatment”). Additionally, both Title VII and the TCHRA prohibit employment practices that are not intended to discriminate, but in fact have a disproportionately adverse effect on men or women (known as “disparate impact”).
Gender Discrimination Claims
You may have a gender discrimination claim if you have experienced an adverse employment action or decision because of your gender. An “adverse employment action” is an action or decision that negatively affects employment in some way, such as decisions related to:
- job assignments,
- disciplinary actions,
- benefits, or
- any other term or condition of employment.
This list is by no means comprehensive. There are a wide variety of actions and decisions that may qualify as an “adverse employment action.” You may also have a gender discrimination claim if you have experienced sexual harassment in the workplace.
Additionally, a woman who is treated less favorably in some way at work because of her pregnancy may have a gender-discrimination claim. This form of gender discrimination is referred to as “pregnancy discrimination.”
Working with an Employment Lawyer on Your Gender Discrimination Claim
Whether you are male or female, if you suspect that you may have suffered some form of employment discrimination because of your gender, it’s imperative that you take action immediately. Keep detailed notes and records of the actions taken by your employer, the individuals involved, dates, times, etc. Keeping detailed notes, copies of emails, and records of the events that transpire at work can prove to be very helpful down the road during an investigation of your claim.
Because of the complicated administrative process, short filing deadlines, and maze of employment laws that might apply to your case, victims of gender-based employment discrimination should contact the Wagoner Law Firm without delay for a free case evaluation.