Gender discrimination is when an employee is treated differently from others in the workplace because of their sexual orientation or gender identity.
Dealing with the discrimination can make you feel unsafe at work and it could hamper your career aspirations, such as if you lose your job because of it.
Read the rest of this article to learn about how to identify and deal with gender discrimination in the workplace. We’ll also look at why it’s advisable to contact a lawyer for assistance with the claim and to protect your interests.
How Can You Identify Gender Discrimination?
Gender discrimination can show up in various ways, with some examples including:
- Not being hired for a job because of your gender identity or sexual orientation.
- Being paid less than other employees because of your gender identity or sexual orientation.
- Being held to different standards because of your gender identity or sexual orientation. For example, a woman might feel like they are expected to work longer hours or complete more projects than their male coworkers.
- Being bullied or called horrible names because of your gender identity or sexual orientation.
There are two types of gender discrimination to know about: direct and indirect discrimination.
Direct Gender Discrimination
This is when you deal with direct discrimination, such as if you’re specifically not being paid the same as other employees in your same position simply due to your gender.
Indirect Gender Discrimination
While you might not be directly targeted with discriminatory behavior, it could occur in a less obvious way. For example, your company could have a policy that seems neutral but ends up being unfair to you because of your gender.
How Should You Deal with Gender Discrimination?
If you’re dealing with gender discrimination in your workplace, there are many things you can do to stop the offensive behavior.
Collect Evidence of the Discrimination
You should start gathering evidence of the discrimination, such as if you have text messages or emails displaying offensive comments. It’s useful to write down the incidents, with dates and names of involved parties.
Check Employment Documents
You probably received an employment handbook when you were hired. Review it and other documents, such as your employment contract. Check for any useful information about the company’s gender discrimination policies and how your company expects employees to file complaints if they’re a victim of gender discrimination.
File an Internal Complaint
You should report the incidents to your company’s human resources (HR) department or your employer. It’s advisable to submit a written report so that you have proof of it.
This report should be clear and specific, with details of the gender discrimination behavior or action. List events that have occurred and provide evidence.
File a Charge with a Government Agency
If you don’t feel safe to report the discrimination to your employer, such as because they are the ones displaying the offensive behavior, you can report it to an agency such as the U.S. Equal Employment Opportunity Commission (EEOC).
You can also use their online portal to locate the appropriate agency to deal with your complaint.
Hire a Lawyer
If you’ve reported the incident to your employer but they haven’t done much to help you, you should contact a lawyer on ContractsCounsel, an online legal network connecting vetted lawyers with clients.
How Can a Lawyer Help You with Gender Discrimination?
Contacting a lawyer is always a smart move if you’re dealing with gender discrimination, even if it’s just to cover all your bases. There could be laws you don’t fully know about, or you might not know what to do if your employer doesn’t take your incident report seriously.
Here’s how lawyers will assist you.
They’ll Remind You of Your Rights
A lawyer understands all the laws surrounding gender discrimination so that they can remind you of your rights. For example, they might guide you to the Equal Pay Act, which ensures fair and equal payment for all employees.
They’ll Help You Report the Incident
You can hire a lawyer at the start of your gender discrimination dispute, such as when filing a report. They can provide assistance with gathering the appropriate evidence to support your claims.
They Can Review Your Employment Documents
Your lawyer can help you review your employment contract, employee handbook, and other documents to understand your company’s policies and rules regarding gender discrimination.
In your contract, there might be vague or confusing terms that your lawyer will explain. They’ll also identify red flags or concerns.
They’ll Negotiate for a Settlement
By using their legal expertise and negotiating skills, your lawyer will be able to communicate with the other party to reach a settlement. This is especially useful if you’ve reported the incident internally at your company but without resolution, or if your employer is trying to show that you don’t have a valid claim.
They’ll Help You Prove the Discrimination
It can sometimes be challenging to prove that you are being discriminated against in the workplace because of gender, especially if the actions haven’t been direct. Your lawyer will investigate the case down to the fine details so that they can help you build a valid claim.
What are Legal Remedies for Gender Discrimination at Work?
If you need to take legal action for gender discrimination, your lawyer might suggest filing a lawsuit. This could be recommended if you’re working in a toxic environment or your lawyer is retaliating after you made a claim.
Depending on your specific case, the courts might award you with remedies such as lost wages, compensation, or reinstatement, which is when your employer hires you for a position after you were demoted because of discrimination to rectify the issue.
Do you need a gender discrimination lawyer?
If you’re dealing with a gender discrimination case, you should consult with an experienced, vetted lawyer on ContractsCounsel. Your lawyer will remind you of your rights, explore all your options for seeking damages, and help you fight the unequal treatment.