Under Federal and Pennsylvania law, gender is a protected class; this means that you are protected from any type of gender discrimination on the job. You must be fully aware of your rights and know the different types of discrimination that you can face. If you do, you can take legal action when you have been victimized by legal conduct. Speak to an experienced employment lawyer to learn more about gender discrimination and how you may be able to pursue compensation if you were a victim of it.
Below are some examples of gender discrimination that you could experience on the job that may entitle you to financial compensation if you file a lawsuit and win.
Sexual Harassment
Sexual harassment can consist of the following:
- Quid pro quo sexual harassment occurs when you are told that you will be given a certain job benefit, or your employer will threaten negative consequences, depending on whether you provide sexual favors that are demanded.
- A hostile work environment is when you are subjected to unwelcome conduct that is so pervasive that it makes it difficult for you to perform your job.
Sexual harassment is a common form of gender discrimination, and it can apply to any gender.
Wrongful Termination
Although at-will employees can generally be fired for any reason, the termination must still be legal. Your employer could terminate you for gender-based reasons, and it is illegal. The employer will never reveal the true reason why they ended your employment because they know they would face liability, so it is up to you to disprove their pretext and show the real reason why you were fired.
Unequal Pay
You are entitled to equal pay for the job that you are performing. An employer cannot pay people differently based on their gender. Employers often pay female employees less than they do their male counterparts. Based on the Lily Ledbetter Act, you can file a claim for unequal pay discrimination within 180 days of the last paycheck that you received that manifests that you were paid less based on your gender.
Denial of a Promotion
Not only is your employer unable to fire you wrongfully, but they also cannot deny you certain benefits of the job based on your gender. Legally, you are entitled to a theoretically equal chance of receiving a promotion to that of someone of another gender. If you have been denied a promotion, and you believe that it is based on your gender, you can take legal action for discrimination.
Maternity or Paternity Discrimination
Your employer is not allowed to discriminate against you based on pregnancy. This type of discrimination could include terminating you from your job if you need to miss time for maternity or paternity leave. It can also mean that your employer has made your job more difficult because of circumstances that you faced due to pregnancy.
How Do I Seek Compensation for Gender-Based Discrimination?
If you have been the victim of gender-based discrimination, you may be able to file a lawsuit under Federal or Pennsylvania law. You can seek compensation for the damages that you have suffered. Damages in a discrimination lawsuit can include the following:
- Back pay
- Medical expenses to treat the effects of discrimination
- Emotional distress that you have endured because of the discrimination
- Attorney’s fees
- Potential punitive damages
Discrimination lawsuits are not always easy to prove because your employer will have their own story about what happened that is different from the reality that you experienced. You can prove a gender discrimination lawsuit based on either direct or circumstantial evidence.
Contact the Philadelphia Employment Lawyers at The Gold Law Firm P.C.
If you have been the victim of discrimination on the job, get legal help from the Philadelphia employment lawyers at The Gold Law Firm P.C. We can take aggressive legal action on your behalf as you seek compensation for what you have endured. Call 215-569-1999 or contact us online for a free consultation. Our offices are located in Philadelphia and Pennsauken, NJ, and we serve clients in South Jersey and Southeastern Pennsylvania, including Wilkes-Barre, Scranton, Northeast Philadelphia, Bucks County, Chester County, Delaware County, Lehigh County, Montgomery County, and Cherry Hill.
