How To Prove Gender Discrimination In The Workplace

Gender discrimination in the workplace comes in different forms, and unfortunately, still happens today. Usually it involves a job applicant or an employee being treated differently or being treated less favorably because of their gender. Sometimes it is called sex-based discrimination because the individuals are treated differently based on sex. This is in violation of federal laws, as it violates the individual’s civil rights.

Sometimes gender discrimination is in the form of discrimination that is based on your gender. They may not think a woman is capable of doing that job, or they may think it is a job that a man may not feel comfortable doing. Instead, they should offer equal opportunities and chances to all applicants and employees. There are other kinds of gender bias, such as unequal pay and interview questions about having children.

Evidence Needed To Prove Gender Discrimination

To have a successful gender discrimination claim, you will need evidence and supporting documentation. There are different forms of gender discrimination and the supporting evidence that you supply depends on the form of gender discrimination that you suffered. As an example, if your employer engaged in gender-based stereotyping, they may have assumed that because you are a woman you aren’t as physically capable as a man and gave the job assignment to a man automatically because you are a woman.

You will need witness statements, copies of work-related memos and documentation, and other proof of the situation and the history of similar situations in the workplace. Odds are there is a pattern with this specific employer doing this kind of thing. Your workplace law attorney will be able to gather supporting evidence and documentation for your claim.

Be sure to keep voicemails, memos, emails, and texts that may be able to help you proof you suffered from gender discrimination in the workplace. As an example, you were interested in a job within your company that does require heavy lifting. Before you had a chance to interview, you received a text and an email that indicate the job was given to a male counterpart and it said although he had not been with the company as long, he knew he was strong and could handle the manly responsibilities.

 What If I Only Have Circumstantial Evidence?

Sometimes hard evidence may be difficult to get. Circumstantial evidence is sometimes used in court. It is evidence that counts on an interference to connect it to the conclusion of a fact. An example would be you weren’t directly told you weren’t hired for the job because you are a woman, but only men were hired by the company. That could be considered circumstantial evidence.

Direct evidence would be like the previously mentioned email in which it was commented he got the job because he was a man and was stronger. You could still have a successful claim even if you only have circumstantial evidence, and with the help of an attorney, your claim can be built with enough evidence and support to show that you were mistreated and discriminated against.

Basically, your claim will be determined by the intent of the decision maker and if that can be proven. Such cases are very fact-intensive, and unless the employer admits to his or her actions, then you must provide enough circumstantial evidence to convince the court that you were the victim of gender discrimination.

Consult With An Employment Law Attorney

If you have been the victim of sexual discrimination in the workplace, you should enlist the help of an employment law attorney. Employment law attorneys are familiar with the laws surrounding workplace discrimination and other forms of harassment and discrimination in the workplace. Your attorney will gather supporting evidence and documentation. Your lawyer will also know what is needed for your claim to succeed.

Many employment law attorneys take cases on a contingency basis. That means those lawyers are only compensated if - and when - you win your claim. At that point, you will recover a judgment and your lawyer will receive a percentage of that. With strong negotiation skills and investigative skills, and attorney will make sure that you are treated fairly throughout the process.

To make sure your gender harassment in the workplace claim is underway in a timely manner and that you have substantial supporting evidence, complete the Free Case Evaluation Form on this page.

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