Gender Discrimination

What You Can Do About Workplace Gender Discrimination

- Patrick Jordan

If you, or a loved one, have been discriminated against in your workplace based on your gender, this is a serious problem under state and federal law. This type of discrimination involves treating someone unfairly, whether it is an applicant or an employee, because of their sex or gender.

What Discrimination Law Forbids

The law absolutely prohibits discrimination regarding any aspect of employment including:

  • Hiring
  • Firing
  • Pay
  • Promotions
  • Layoffs
  • Training
  • Benefits
  • Assignments
  • And any other terms or conditions of employment

Harassment is considered to be any:

  • Sexual harassment
  • Unwelcome sexual advances
  • Requests for sexual favors
  • Verbal harassment of a sexual nature
  • Physical harassment of a sexual nature

It is important to note that harassment does not need to be of a sexual nature. Harassment can simply be offensive remarks about a person’s sex or gender.

Gender harassment can be inflicted on both men and women, and the victim and the harasser can be of the same gender.

It is also important to note that the law does not prohibit:

  • Simple teasing
  • Off-hand comments
  • Isolated incidents that are not considered “serious”

The harassment must be so frequent and severe that it creates a hostile or offensive work environment, or it can be harassment when the conduct results in an adverse employment decision.

Who Can Be a Harasser?

Harassment can come from anyone in the workplace, including:

  • Direct supervisors
  • Supervisors in another area
  • Co-workers
  • Someone who is not an employee, such as a client or a customer

What to Do if You Are a Victim of Gender Discrimination

If you have been a victim of gender discrimination, you should immediately seek legal counsel. Afterwards, you should file a complaint with your company’s Human Resources department. Also be sure to document all incidents of harassment, as often these incidents are hard to prove because most of them are verbal – not recorded or written down.

A gender discrimination attorney will be able to help you with your case against your employer. He or she will not only serve as an expert in the area but also as a source of moral and emotional support during this tough time.

While it is illegal for an employer to retaliate against you for making a complaint, it does happen. Your gender discrimination lawyer will know exactly what to do if it does.

The lawyers at the Jordan Law Group have years of experience handling these types of cases. We know this is a stressful time and one where you may not want to speak up as a victim. However, we want to help you fight for your rights.

For an initial consultation, we welcome your call to our office at (415) 459-9865.