Gender discrimination in the workplace is illegal. Gender discrimination involves any kind of discrimination against an employee because of their gender. This form of discrimination may occur against women, men or transgender employees.
If you have experienced any form of gender discrimination, you may be able to file a claim with a state or federal anti-discrimination in the workplace agency such as the Equal Employment Opportunities Commission (EEOC). Your claim will be investigated and this could lead to the discrimination stopping, compensation paid to you and/or penalties imposed on your employer.
How to Handle Gender Discrimination
Gender discrimination at work can take many forms. It could involve discrimination against you through not paying you correctly, not offering overtime or not paying overtime rates, not offering promotion, or terminating your employment just because of your gender. Commonly it takes the form of innuendo, sexual harassment, taunts, hurtful comments, e-mails, phone calls or texts or messages sent through social media platforms.
Once any form of discrimination occurs, you should keep a record of every incident. If you can record comments or taunts, do so. Make a note of coworkers who were present or observed the discrimination made against you. All evidence you can obtain may be used to support your claim if you make a formal complaint to an agency tasked with administering anti-discrimination legislation.
Make sure you report the discrimination to your employer through the HR department if there is one or your manager or supervisor. It is best to write a letter to describe what happened and when and keep a copy of all correspondence and responses you get.
If the complaint is not dealt with or ignored by your employer you have the right to file a complaint with either the EEOC or the state equivalent. The EEOC primarily deals with claims of workplace discrimination in larger workplaces, specifically those with 15 or more employees. If you work in a smaller workplace, you should file your claim with the state agency. Attach what evidence you have of the gender discrimination you have experienced and what you have done about it up to that point with your claim.
The EEOC (or the equivalent state agency) will investigate the complaint and decide whether a breach of an anti-discrimination law has occurred. They may resolve the complaint without having to sue the employer, but if a clear breach has occurred, then the agency may take legal action against the employer or supply you with a right-to-sue letter. If you are given a right-to-sue letter, you can take legal action yourself, but are advised to seek help from an employment attorney as this will involve taking the case to the civil court.
Get Help With Your Gender Discrimination Claim
Discrimination against an employee simply because of their gender is illegal. Breaches of workplace discrimination law are first investigated by a state or federal anti-discrimination agency which may resolve the complaint or allow you to sue the employer. You are advised to use an employment attorney if you intend taking legal action yourself.
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