How To Win A Gender Discrimination Case

If you have been the victim of gender discrimination in the workplace, you can pursue a claim against your employer.

You will need to gather supporting evidence and documentation before filing legal action to recover compensation for your damages.

There are resources available to help you, and laws in place to protect you from such behavior while you are on the job.

Can I Sue For Gender Discrimination?

Yes, you may be able to sue for gender discrimination if you have experienced any form of sexual harassment or discrimination against you because of your gender at work.

State and federal anti-discrimination laws already exist that make it illegal for employers to discriminate against an employee because of their gender.

This includes decisions taken regarding firing, hiring, refusal to provide overtime and/or promotion chances, or rates of pay solely because of one’s gender.

For example, if you are paid less than a male co-worker while doing exactly the same work, this would be an example of gender discrimination.

Most states make it compulsory to first file a complaint of gender discrimination with the relevant state or federal anti-discrimination body first before being able to proceed with a lawsuit.

If you are in a workplace with 15 or more employees, this will be with the EEOC. If you are in a smaller workplace, this will be with the state agency. You will be given a right-to-sue letter if either agency cannot resolve your complaint of workplace gender discrimination satisfactorily.

Once you have been given permission to sue, you can go ahead by filing a lawsuit with the help of an employment lawyer. A typical lawsuit would allege that the employer had violated a federal or state anti-discrimination law, such as the federal Title VII of the Civil Rights Act 1964, when it carried out an act of discrimination against you.

You will need clear evidence that the discrimination took place and that you made an attempt to bring it to the attention of your employer but this failed to end the discriminatory behavior.

Types Of Gender Discrimination

Not all gender discrimination is the same. Sometimes gender discrimination is more subtle than others, but at times, it is very evident and vengeful. Here is a rundown of some of the different kinds of gender discrimination:

Sexism – prejudice, stereotyping, or discrimination that occurs on the basis of an individual’s sex
Implicit bias – unconscious attitudes or stereotypes that create prejudice for specific reasons, such as gender
Sexual harassment – behavior that is characterized by the making of unwelcome and/or inappropriate sexual remarks or physical advances in a workplace, social situation, or professional arrangement

As soon as you realize you are the victim of gender discrimination, you should gather supporting evidence and documentation and address the issue with your employer.

If the problem continues, or if the issue is not resolved, you should advance your claim on to a court of law.

You should maintain supporting documentation and evidence for your claim, so you can show what happened, when it happened, and that the matter was not properly addressed.

There are laws that prohibit gender discrimination, and if these laws are blatantly violated, harsh penalties can be faced by your employer.

An employment law attorney will help you determine if you have suffered from gender discrimination and will help you gather supporting evidence and documentation for your claim.

How To Win

If you have suffered gender discrimination, you will need to pursue a claim against your employer. The key to a successful claim is proving what happened and how your employer violated state and federal laws.

Always maintain a file of work-related documentation and make note of all important details so you will have evidence should you need to file a claim against your employer later for gender discrimination or other illegal actions.

Here are the steps to having a successful gender discrimination claim against your employer:

Prove that you are in a protected class – that you are a member of a protected group – an employee who cannot be mistreated because of gender, race, religion, and so forth
Show that you were qualified for the job or promotion – provide educational records, work history, and other documentation and evidence that shows you had the proper training and experienced to qualify you to handle the job
You did not get the job or promotion – show that you were turned down for the position simply because of your gender
Evidence – you need documentation that shows you were denied the job or promotion because of your gender because you were qualified for the role; this may include recordings of inappropriate comments or references to your gender
Proof that your employer took discriminatory actions – evidence that supports your claim that you were not given the position simply because of your gender

If you can successfully prove all these things, then you can have a successful claim and recover compensation for your damages suffered because of the gender discrimination.

You may have suffered a variety of damages, and your attorney will be able to determine the value of your claim and what kinds of damages that you should ask for as a settlement from your employer.

How Much Compensation Can I Get For My Gender Discrimination Claim?

Whenever gender discrimination is proved, the aim of the law is to position the victim of gender discrimination in the same position or almost the same that he or she would have been if the gender discrimination had never taken place.

The type of compensation awarded is dependent upon the extent of the gender discrimination and the effect it had on the victim. For example, if an employee is not chosen for a job or for promotion based on gender, the compensation could include being offered the job and/or benefits or back pay and benefits the victim would have gained if still in the job. A victim of gender discrimination may also be provided with the cost of the attorney's fees, court costs and fees for the use of expert witnesses, if required, like co-workers who observed the gender discrimination taking place.

Compensatory and punitive damages are sometimes awarded if it can be proved that the gender discrimination by the employer was intentional. The compensatory damages pay the victims of gender discrimination for out-of-pocket costs due to the discrimination, the emotional damage suffered like the loss of enjoyment of life the gender discrimination has imposed on the victims. Punitive damages can be awarded if the employer needs to be punished for deliberately committing a malicious or reckless act of gender discrimination.

There are some limits on the allowable value of compensatory and punitive damages a victim of gender discrimination may recover. These limitations depending on the number of the employer’s employees:

$50,000 is the limit for employers with 15-100 employees;
$100,000 is the limit for employers with 101-200 employees;
$200,000 is the limit for employers with 201-500 employees;
$300,000 is the limit for employers with more than 500 employees.

In cases which involve intentional gender based wage discrimination under the Equal Pay Act, a victim is not permitted to recover either compensatory or punitive damages, but should qualify for "liquidated damages." The value of liquidated damages is typically equal to the value of any back pay that has been awarded to the victim of gender discrimination

How to Sue for Gender Discrimination

The first step to take when you discover you have been subjected to gender discrimination is to gather sufficient evidence which proves gender discrimination has taken place and report the matter to your employer’s HR/Manager. If the incident cannot be resolved a claim should be filed with the Equal Employment Opportunities Commission (EEOC) or your state’s office responsible for discrimination matters.

Whichever you choose an officer will be allocated to investigate your case and may file a lawsuit on your behalf or issue you with a right to sue letter. When you receive the right to sue letter you can file a civil lawsuit to get you the compensation you deserve for unlawful gender discrimination. Once you receive a Notice of Right to Sue, you are given 90 days to file your lawsuit. If this deadline is not met you may be prevented from filing a lawsuit.

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If you have been the victim of gender discrimination, you have a limited time to pursue a claim against your employer.

If you wait until the statute of limitations has passed, you cannot recover compensation for your damages.

You will need to retain the services of an employment law attorney. An employment law attorney is familiar with the state and federal laws that apply to your specific situation.

A lawyer will be able to gather evidence and supporting documentation for your claim.

When you meet with an attorney, be sure to discuss the payment options. While there are attorneys who take cases on a contingency basis, which means that they are not paid until you win your claim and recover compensation, there are lawyers who require a retainer to be paid in advance.

To get your claim reviewed by an employment law attorney who represents clients in your area, complete the Free Case Evaluation Form today.