For a very long time, workers have continuously faced discrimination on the basis of invariable characteristics, including gender. There are several state and federal laws that exist to deal with such issues and prevent discrimination.
Gender discrimination, in particular, has main two forms: discrimination and harassment. We’ve provided a brief summary down below of what exactly gender discrimination embodies.
Filing a Lawsuit
Victimized employees can take support from Title VII and similar state laws, as the main source. The employee must file the complaint within 180 days of the discrimination with the relevant administrative agency. If the deadline has passed, the claim would be time-barred.
After that, the employee can request documentation, and promptly after receiving the documents the case can be filed in court. The time limitations must be kept in mind as otherwise there is no recourse.
The Title VII law forbids from two types of gender discrimination, individualized and systemic. Individualized discrimination involves mistreating a single employee differently based on gender. This unlawful treatment includes denying a promotion, demotion, and terminations.
What makes such cases so complex is that you need to prove that the discrimination was gender-motivated. This involves proving that the employer would not have taken such a decision if the victim was of the opposite gender.
To prove whether gender was a motivating factor in the discrimination, the case includes comparator evidence, where the comparable employee has the opposite gender. This would help the jury to analyze if the employer has a certain bias for one sex over the other.
This type of discrimination emphasizes on extensive discrimination. Usually, a group of employees band together to prove that the employer has either a written discriminative policy, or has a certain pattern of discrimination. The employer also gets the chance to prove if the policy or practice is an authentic work requirement.
To prove a pattern case requires supporting stats, which prove a long overtime bias of one sex over the other. However, compiling such data requires hard work from an employer’s viewpoint, which makes such cases quite difficult.
Employers tried to continue gender-based discrimination, even after the Title VII law was passed, by altering their ways to get the same results. However, it was determined that the law can tackle such actions as well.
Such claims are known as disparate impact cases, as these seemingly valid policies affect one gender differently. The claimant can point out an apparently neutral policy that’s negatively impacting one gender, and the employer can prove that the requirement is both job and business-related. If proved in favor of the victimized employee, they’ve got a valid disparate impact claim.
Sex-based discriminations have various forms, which makes it hard to figure out the types of claims that the case-specific details fit with. Collecting evidence is an even harder task. For this reason, it’s best to seek legal assistance when subject to discrimination, as they’ve got the expertise and experience to deal with such cases.
If there is ever any confusion regarding what is legal interaction and what may qualify as discrimination, contact us.
Eldessouky Law is an employment and personal injury attorney with offices throughout Southern California. You can call us today at (714) 793-0594 to understand your rights, and hold your employer accountable if they are in violation of state or federal laws.