Gender discrimination has been an ongoing problem in the workforce. While we often think about women being subjected to sexual discrimination or gender discrimination, it can also affect men. There are discriminatory acts made against male, female, and transgender individuals. This behavior can take the form of inappropriate remarks, derogatory jokes, unwanted advances, and it can also be quid pro quo harassment. If you have been the victim of gender discrimination, and it led to you being wrongfully terminated, the law is on your side.
Gender discrimination involves treating someone – in this case an applicant or an employee – unfavorably because of the individual’s gender. If you believe you were fired because of your gender, you should gather any supporting evidence and documentation then schedule a consultation with an employment law attorney who handles gender discrimination and sexual discrimination cases in your state.
What Is Considered Gender Discrimination and Harassment
The laws forbid discrimination based on gender when it comes to any aspect of the employment process, which includes hiring, firing, pay, job assignment, promotions, layoffs, training, benefits, and any other employment term or condition simply because of an individual’s gender. It is illegal to harass someone because of their gender or sexual identity.
Harassment may include sexual harassment or unwelcome sexual advances, requests for sexual favors in exchange for a promotion or a raise, and other physical or verbal harassment that are of a sexual nature. Harassment doesn’t necessarily have to be of a sexual nature, as it could include offensive remarks about the sex or gender of the other person. As an example, it is illegal to harass a woman by making offensive comments about females in general.
Both the victim and/or the harasser could be a man or a woman, and the victim and harasser could even be the same gender. The harasser could be the victim’s supervisor, a supervisor for another department or area, a co-worker, a company executive, or even a client or customer, who is not a company employee. You will need to maintain documentation that shows you were the victim of harassment. Be sure to document everything and maintain detailed records.
Anytime that you are subjected to gender discrimination or harassment, you should ask the person who is discriminating or harassing you to stop. You should then report the incident to your employer. That report can be filed with a higher ranking manager or supervisor or with human resources. You will need to maintain documentation to support your claim, showing that you did report the incident and then what kind of a response that you received from your employer. Be sure to make note and maintain records if there are other incidents or if the discrimination and harassment continue.
If You Were Fired Because of Gender Discrimination, Here Is What To Do
If you have been fired because of your gender, you are protected by laws and there are rights in place. You have resources available, so you should enlist the help of an employment law attorney. You will need to maintain as much supporting evidence and documentation as possible, so you can make sure that your gender discrimination claim is on track. Check to see if there is a pattern of this behavior and ask any witnesses to provide statements to support your claim.
With supporting evidence, you can build a strong case against your employer and prove that you were the victim of discrimination and harassment. You only have 180 days from the date of the harassment to pursue a claim, so don’t wait until it is too late to get your claim underway. Time is of the essence. You will suffer damages, including lost wages, lost benefits, and mental anguish.
How An Employment Law Attorney Can Help
If you have been the victim of gender discrimination and it cost you your job, you should consult with an employment law attorney in your area as soon as possible. Employment law attorneys make take cases on the contingency basis, or they may require a retainer to be paid upfront to retain services. Don’t wait until it is too late to get the help that you need to get your claim underway.
To share the details of your termination because of gender discrimination with an attorney who handles such matters in your area, complete the Free Case Evaluation Form on this page. An attorney will help you determine the best way to proceed with your gender discrimination claim against your employer.