Center City Gender and Sex Discrimination Lawyers
If you are a job applicant or already working for an employer, you are entitled to a workplace free from discrimination based on your membership in a protected class. Gender and sex are protected classes under federal and state law. If you have been the victim of gender and sex discrimination, you may be eligible to file a lawsuit against your employer, which could result in substantial financial compensation. These are difficult and contentious cases, and you need the help of a gender and sex discrimination attorney immediately.
What Laws Apply That Prohibit Gender and Sex Discrimination?
- Title VII of the Civil Rights Act of 1964 prohibits employers from treating employees differently on the basis of gender or sex.
- The Equal Pay Act of 1963 prohibits employers from paying employees who perform similar work differently based on sex.
- The Pregnancy Discrimination Act of 1978 prohibits discrimination based on pregnancy or any related medical condition.
- The Pennsylvania Human Relations Act is a state law that prohibits discrimination in employment.
Not only can you file a claim for discrimination, but you could also file a lawsuit if you believe that your employer has retaliated against you for raising issues of discrimination.
What Is Gender or Sex Discrimination at Work?
Gender discrimination can affect any matter of employment. Gender discrimination can occur in the following circumstances:
- Not hiring an applicant for a job.
- Termination of an employee from their job.
- Withholding of certain benefits of employment.
- Disparate treatment on performance evaluations.
- Unequal pay for the same job.
- Denial of a promotion.
You can file a lawsuit for any type of gender or sex discrimination that you have experienced on the job.
How Can I File a Gender or Sex Discrimination Claim?
Generally, you cannot file a discrimination claim directly against your employer without going through the government first. If your claim is under Federal law, you must first approach the Equal Employment Opportunity Commission and file a claim there. The EEOC will decide whether they want to prosecute your lawsuit and take your case. They may try to resolve the dispute with your employer, but if the EEOC does not take your case, you could file a lawsuit in federal court.
The same thing applies if you want to file a case under Pennsylvania law. First, you would need to go through the Pennsylvania Human Relations Commission before you could file a lawsuit in state court.
How Can I Prove My Gender or Sex Discrimination Claim?
Proving a gender discrimination case can be challenging because your employer will certainly never admit that they are treating you differently. Of course, direct evidence of discrimination is always helpful in your case, but getting your hands on this is often difficult. Direct evidence of discrimination could include:
- A conversation in which you are told that you are being treated differently because of your gender.
- Witness testimony from people who directly heard management make these statements.
- Emails or texts that reveal discriminatory intent.
More often, you would prove gender discrimination through circumstantial evidence or proof of disparate treatment. For example, the management in a certain company could be disproportionately of one gender, and the other gender never seems to receive promotions. Another form of circumstantial evidence would be if your performance evaluations are harsher than someone of another gender when you perform the same quality of work. If you have enough forms of circumstantial evidence, you can piece together a case that can show discrimination. You do not always need direct evidence to win your lawsuit.
What Can I Receive for My Gender or Sex Discrimination Case?
You are entitled to be paid full damages if you win your gender discrimination claim. Your lawsuit damages may include the following:
- Back pay
- Future pay
- Payment for emotional distress
- The employment benefits that you were denied
- Reinstatement of your employment
In many cases, the court would opt for ordering monetary penalties rather than any type of specific performance, which could include reinstatement to your job.
The one situation that employers fear the most is when a jury can order punitive damages. If the discrimination against you was egregious or there was a pattern of discriminatory behavior at your employer, the jury could seek to make an example of them. Then, you may receive far more than just your actual damages.
What Should I Do if I Believe That I Have Been Discriminated Against at Work?
There are three things that you should do if you believe that you have been a victim of discrimination on the job:
- You can raise your concerns to a manager or to human resources, and you are protected from retaliation under the law.
- Preserve any documentation and evidence that you have in your possession that can be used to prove discrimination, whether it is direct or circumstantial.
- Contact an employment discrimination attorney to discuss your case and the potential for a lawsuit.
Why Do I Need a Lawyer for My Gender or Sex Discrimination Case?
Employment discrimination cases are often complicated lawsuits. In many instances, your employer would fight you for as long as possible. They would rarely admit that their conduct was wrong, and they may only settle your case after they see that you have built strong evidence against them. An employer will rarely take you seriously when you complain about discrimination. They may view what you have to say in a completely different light when they see that you have an employment discrimination attorney who can hold them accountable.
A discrimination lawsuit will often be a drawn-out affair. You would need to testify at a deposition and a trial. Your employer may have high-priced attorneys defending them from your lawsuit, and you need an attorney who is up to the task of fighting them.
The Gold Law Firm P.C. has 40 years of experience fighting for victims of discrimination and harassment. We have a track record of getting results for our clients, and we can work on your behalf to get justice and accountability.
Contact the Center City Gender and Sex Discrimination Lawyers at The Gold Law Firm P.C.
If you believe that an employer has broken the law in how they have treated you, contact the Center City gender and sex discrimination lawyers at The Gold Law Firm P.C. You can schedule a free initial consultation with one of our attorneys by calling us today at 215-569-1999 or contacting us online. We have offices in Philadelphia and Pennsauken, New Jersey, 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.