Gender Discrimination Lawyers
Does your employer foster an “old boy’s club” mentality that promotes and rewards men over women? Does it pay men more than women, even though they are equally qualified and doing the same work? Does it promote gender-based stereotypes about how women or men should act, dress, or behave on the job? Does it reward men for certain masculine behavior, such as aggression, but punish women for the same behavior?
Sex and gender-based employment discrimination is illegal. If you answered yes to any of these or similar questions, you may have an actionable claim for sex or gender-based employment discrimination. If you believe that you have been the victim of illegal sex or gender-based employment discrimination, please contact us immediately.
KM&A Employment Law Practice Areas
What is sex or gender-based employment discrimination?
Federal, state, and many municipal laws protect employees against discrimination due to their sex. A gender discrimination attorney is able to determine which laws have been violated and select the proper court to file charges in. It is illegal for employers to discriminate against current or potential employees because of their sex in regards to:
- Any other “term or condition” of employment
It is also illegal for employers to make employment decisions based on gender stereotypes regarding the abilities or performance of individuals due to their sex. For example, it may be illegal for an employer to refuse to hire a male first-grade teacher based on the gender stereotype that men are not good with small children or for a company to refuse to hire a woman as a contract negotiator due to its belief that women are not aggressive enough. Discrimination based on sex can be subtle which is why it is a good idea to contact a gender discrimination lawyer early to discuss your case.
What if one of my employer’s policies is discriminatory?
The law also prohibits seemingly neutral, non-job related employment policies that disproportionately impact current or potential employees on the basis of sex. For example, it may be illegal for a company to have a strict height requirement for their employees that disproportionately excludes female applicants if height is not sufficiently related to an employee’s ability to performance the functions of their job.
A gender discrimination lawyer has experience examining work policies and can determine if they are sufficiently related to the skills needed to perform the job. If they are not, a gender discrimination lawyer can help you negotiate better working conditions with your employer or to bring suit against your employer if necessary.
What should I do if I feel that my employer is discriminating against me because of my sex or gender?
If you believe that your employer is discriminating against you due to your sex or gender, you should first consult your employer’s company handbook internal discrimination policies. If your employer has a procedure for handling sex or gender-based discrimination claims, you should follow their reporting requirements and fully document this process in writing. In many cases, an employee’s failure to follow their employer’s internal procedures may result in that employee’s inability to later collect legal damages in court. Not all cases require the help of a gender discrimination lawyer – if your employer stops discriminatory behavior once attention has been brought to the issue, you may not have to file a lawsuit.
If you report the incident(s) according to your employer’s policy and see no action taken on your claims, it is time to contact a gender discrimination lawyer. A gender discrimination lawyer can help you determine what steps should be taken next. Possible steps include sending a letter to your employer, settling a claim with the employer outside of court, or filing an official claim against your employer. An experienced gender discrimination lawyer will determine which action is best suited for your case.
What do I do when the person I report to or the human resources manager is responsible for the discrimination?
It is not uncommon for the discrimination to reach all parts of a company. When reporting discrimination to a supervisor will likely result in a negative impact to your job, then you need to speak with a gender discrimination attorney to plan your next step. Partnering with a gender discrimination attorney is invaluable in assisting with this vexing discrimination problem in your career.
Retaliation for reporting discrimination is unlawful. A gender discrimination attorney can help you ensure that your employer does not act in an illegal manner while resolving your issues. If you have been retaliated against for filing a discrimination claim, make sure that you keep track of what happened and the dates on which discriminatory acts occurred. This information will help a gender discrimination attorney collect damages against your employer on your behalf.
I was fired for discriminatory reasons. What do I do next?
The general standard for both federal and state-based sex or gender employment discrimination claims is that the claim must be brought within a certain number of days from the last act of discrimination. A gender discrimination lawyer will make sure that your claim gets filed within the appropriate number of days. If an employment policy or practice is still in place, the discrimination is generally considered to be ongoing. For assistance in this matter, look to a firm that has an experienced gender discrimination lawyer who can take your case.
Why should I hire a gender discrimination attorney?
Hiring a gender discrimination attorney can make a significant difference on the outcome of your case. A gender discrimination attorney will investigate your claim by reviewing any evidence you have collected, making sure you meet deadlines to file in court, and interviewing any other employees who may have information which could help your case. By working with an experienced gender discrimination attorney, you can be confident that your case is being presented in the strongest light possible. Some employers may be more willing to adjust their behavior or settle a claim out of court simply because a gender discrimination attorney is involved.
A gender discrimination attorney also gives you a fresh set of eyes looking at your situation. Your gender discrimination attorney may recognize discriminatory practices occurring that you had brushed off as ‘nothing.’ Having an experienced gender discrimination attorney look at your case gives you the best possible chance at success for your claim.
What if the discrimination isn’t ‘that bad?’
If you start to recognize discriminatory practices occurring in your workplace, do not wait to file a complaint with your HR department or contact a gender discrimination attorney. By acting quickly, you can help prevent a smaller issue from turning into a hostile work environment. A gender discrimination attorney can help you decide whether to file a claim or simply outline the unacceptable practices to your employer in a letter. By using the latter tactic, you may be able to stop discrimination based on sex in your workplace without having to file a lawsuit.
What evidence do I need to file a claim?
Consulting with a gender discrimination lawyer can ensure that you have enough information and evidence to file a claim against your employer. When talking with your gender discrimination lawyer for the first time, make sure you mention any:
- Documented instances of discrimination (reports you have filed with your company, reviews of your work which show discrimination, etc.)
- Emails, letters, or other written instances of discrimination
- Verbal instances of discrimination – try to remember what was said, by whom, and the date
- Discriminatory practices used by your employer, ie. only promoting members of one sex, disciplining employees based on their gender
- Any co-workers that you believe could back up your claims or discuss other ways in which your employer is discriminating based on gender
- Any other relevant information
A gender discrimination lawyer will look at all of the evidence you have collected and determine if there is enough to file a claim against your employer. Sometimes the gender discrimination lawyer may determine that it is in your best interest to try to settle the issue outside of court. If more information or evidence is needed, a gender discrimination lawyer will ask you questions and investigate the situation in depth to build a strong case on your behalf.
If you feel that any of these scenarios concern you or have any other questions please do not hesitate to contact KM&A today for a free consultation with a gender discrimination lawyer. By consulting with a gender discrimination lawyer, you will better understand your case and the options you have to deal with the discrimination you are facing in the workplace.
Kraemer, Manes & Associates LLC “KM&A” is a law firm serving all of Pennsylvania with our principal offices in Pittsburgh and Philadelphia. Call KM&A in western Pennsylvania at 412-626-5626 or in eastern Pennsylvania at 610-616-5686. KM&A can be reached by email at email@example.com.