Gender discrimination can manifest in many ways. It can keep you from getting a promotion, a raise, and might even stop you from being hired in the first place. If you find yourself in a situation where your employer is using your gender to hold you back from advancement, a Charleston gender discrimination lawyer can help.
At DiPiero Simmons McGinley & Bastress, PLLC, we’re dedicated to giving victims of gender discrimination a voice. If you’re thinking about filing a claim, you’ll benefit from speaking with one of our experienced attorneys. We’ll help you understand all the federal and state laws that apply to gender discrimination, and explain what your rights are for pursuing a remedy.
Why Choose DiPiero Simmons McGinley & Bastress, PLLC
It can be challenging for someone who has experienced gender discrimination to come forward.
You might be experiencing anger, a sense of betrayal, and hopelessness. Those feelings are justified.
What isn’t justified is letting discriminatory behavior go unchecked.
When it comes to tackling gender discrimination cases, experience matters. You want an advocate who has already navigated through the complexities of a gender discrimination lawsuit. We understand the applicable laws and regulations that cover workplace discrimination. Every worker has rights, and it is important that you understand the boundaries of those rights as we help you move forward with your claim.
The support we provide begins with our free consultation. That is where we get to hear your story.
If you have any documentary evidence, we will be happy to review it. Every gender discrimination case is unique. Some are more clear-cut than others. We want to help you understand the challenges that are inherent in these types of cases.
If we agree to work with you, it is because we are confident in an outcome that will be beneficial to your interests. We’ll keep you informed every step of the way and will be standing by to answer any questions you may have about the progress of your claim. Call to schedule your free initial consultation today.
Gender Discrimination Facts
The U.S. Equal Employment Opportunity Commission (EEOC) is the government agency tasked with the responsibility of ensuring that all workers are treated fairly. That begins with defining what gender discrimination entails. The EEOC defines gender-based discrimination as any act of discrimination that is based on an employee’s sex, gender, gender identity, or sexual orientation.
While women are statistically more likely to experience gender discrimination in the workplace, the law prohibiting discriminatory actions applies to all employees, regardless of gender.
Despite all the attention to the matter, the gender pay gap still exists. This is sometimes referred to as the opportunity gap. According to data collected by Payscale, the gender gap is $0.83. That translates to women earning 17% less than their male counterparts who are performing the exact same job tasks.
There is also the issue of promotion and advancement to consider.
When you work with a Charleston gender discrimination attorney, you’ll have access to the resources and knowledge needed to prove that you were wronged by your employer. Data from the U.S. Chamber of Commerce finds that 47% of all U.S. employees are women. That breaks down to around 79 million women in the workforce.
However, of all the Fortune 500 companies, only 10% have female CEOs. That points to women being underrepresented at the executive level. Do you feel like you’ve been denied a promotion because of your gender?
What Are the Laws Against Gender Discrimination in the Workplace?
Under Title VII of the Civil Rights Act of 1964, sexual discrimination, harassment, and discriminatory practices and policies are prohibited. It is unlawful for an employer to discriminate against an employee on the grounds of their gender.
Regarding policies and practices, they can be illegal if they have a negative impact on the employment of people of a certain gender, particularly if the policy is not job-related or necessary to the business’s operation.
Of course, just because that law is in place, it doesn’t mean it won’t get violated. If you believe you’ve been discriminated against by an employer, supervisor, or customer because of your gender, you have the right to file a claim. You may do so with the EEOC or the state of West Virginia.
Your gender discrimination attorney will be in the best position to advise you on how to proceed based on your unique circumstances.
Are You a Victim of Gender Discrimination?
Gender discrimination is often subtle. An employer will find ways to carry out the discrimination practice while seemingly complying with the law. That is why proving a discrimination claim has happened can be difficult. Examples of gender discrimination include:
- Not being hired or being given a lower-paying position because of your gender
- Being held to different or higher standards because of failing to present in a way that conforms with society’s expectations of feminine and masculine
- Being paid less than a person of a different gender who is similarly or less qualified than you
- Being insulted or called derogatory names or slurs
- Being intentionally or repeatedly called by a name or referred to as a different gender than you identify with
- Being subject to unwelcome sexual advances
In addition to situations like that, gender discrimination can also come in the form of retaliation.
For example, an employer is prohibited from taking adverse or negative employment actions against an employee who has filed a discrimination complaint. Those are not the only ways that gender discrimination happens in the workplace.
If you believe your rights have been violated, get in touch with an employment law attorney.
Gender Discrimination During Pregnancy
Pregnancy discrimination happens when an applicant or employee is treated unfavorably because of pregnancy, childbirth, or a medical condition related to either pregnancy or childbirth.
Per the Pregnancy Discrimination Act (PDA), employers are forbidden from discriminating against an applicant or employee on the basis of pregnancy. This includes hiring, firing, pay, job assignments, promotions, layoffs, training, and benefits.
In the event an employee is unable to perform their job due to a medical condition related to their pregnancy or childbirth, their employer is required to treat them in the same way it treats any other temporarily disabled employee. This could mean providing them with light duty, alternative assignments, disability leave, or unpaid leave.
Under the Family and Medical Leave Act (FMLA), a new parent may be eligible for 12 weeks of leave, paid or unpaid, to care for the child, so long as the employee worked for the employer for 12 months prior to taking leave.
If you suspect that your employer has violated any of these laws, the gender discrimination attorneys at DiPiero Simmons McGinley & Bastress, PLLC want to hear from you.
Our extensive knowledge of the applicable laws and our many years of experience with filing these types of claims put us in the best position to provide you with the information you need to make the right decision about pursuing a claim.
Frequently Asked Questions About Gender Discrimination
If you think you’ve been the victim of gender discrimination, you will have many questions about what your next move should be. The attorneys at DiPiero Simmons McGinley & Bastress, PLLC will be happy to answer all your questions, starting with these frequently asked questions:
Can I file a lawsuit for gender discrimination?
If you were fired or denied a promotion due to your gender, there are legal remedies available to pursue. However, the first step may not be filing a civil complaint; instead, it may be filing a complaint with the EEOC. After presenting your story to the agency, they can act as your advocate by compelling your employer to reinstate your job.
If the EEOC does not want to move forward, it will provide you with a “notice to sue.” That allows you to proceed with the civil complaint.
What is the difference between sex and gender?
When dealing with workplace discrimination, sex and gender are often used interchangeably.
The best way to understand the difference is that a person’s sex refers to their physical and biological characteristics that distinguish between males and females. Gender refers to societally constructed roles and responsibilities. Gender identities define how men and women are expected to act.
These are the roles that are formed by family traditions, religious teachings, and media presentations.
What is gender profiling in the workplace?
Gender profiling can be thought of as the foundation for discrimination. When you profile someone based on their gender, you are “assigning” them certain roles. For instance, an employer might think that a particular job, like operating a forklift, is better suited for a man, while office work is better suited for a woman.
Can a man be a victim of gender discrimination?
The overwhelming majority of instances of gender discrimination have happened against women. However, the laws that prevent discrimination apply to men and women. It is also true that an employer who engages in discrimination can be of any gender.
What can I recover with a discrimination claim?
If you prevail in your gender discrimination claim, you may be able to recover the following damages:
- Current lost wages
- Future lost wages
- Loss of benefits
- Emotional distress
- Attorneys’ fees
- Punitive damages
You and your gender discrimination attorney will work out a settlement amount that is designed to make you whole again and recover your losses.
How much time do I have to file a gender discrimination lawsuit?
In West Virginia, you have one year from the date of the discrimination act to file a claim. When you consider that you’ll have to first file a claim with the EEOC and work through that process, it is important to note that you want to start the process as quickly as possible. Even if you file with the EEOC, you can enlist the support of DiPiero Simmons McGinley & Bastress, PLLC to make sure you’re filing correctly.
Do all employers have to follow gender discrimination laws?
The anti-discrimination laws are generated from the federal and state agencies, but you don’t have to be a federal or state employee for those laws to apply to you. Typically, the laws apply to any business with 15 or more employees.
Get the Right Help from a Charleston Gender Discrimination Lawyer
If you believe you’ve been subjected to discrimination or unfair treatment because of your gender, a Charleston gender discrimination lawyer from DiPiero Simmons McGinley & Bastress, PLLC, is prepared to help. Filing a complaint can be a challenging process, which is why it’s essential to work with an experienced attorney.
With a strong claim, you’ll be able to hold your employer responsible for their actions and send a message that discrimination is wrong.
The sooner you get started, the better your chances are of filing a successful claim. When you schedule a case evaluation with our firm, we’ll review your situation and help you determine the best course of action to proceed.
Contact us today to schedule a complimentary initial consultation and learn more about your available options for seeking a remedy.
