Sex and gender discrimination in the workplace can take many forms, from unequal pay and biased promotions to harassment and wrongful termination. If you’ve experienced discrimination at work, you have the right to take legal action. However, proving discrimination is not always easy.
Identifying company-wide patterns of unfair treatment can strengthen your case and help expose systemic violations that affect multiple employees. Contact PLBH at (800) 435-7542 to request a free legal consultation.
Recognizing Sex & Gender Discrimination in the Workplace
Sex and gender discrimination occurs when an employer treats an employee unfairly based on their sex, gender identity, or gender expression. Discrimination can be overt, such as refusing to hire women for certain positions, or subtle, like consistently overlooking female employees for promotions.
Common Forms of Discrimination
- Unequal pay for the same work compared to coworkers of a different gender
- Being passed over for promotions in favor of less-qualified colleagues
- Unfair work assignments or demotions based on gender stereotypes
- Sexual harassment, including inappropriate comments or unwanted advances
- Retaliation for reporting discrimination or supporting a coworker’s complaint
If you have experienced any of these issues, you may have a valid claim against your employer.
Why Company-Wide Patterns Strengthen Your Case
A single incident of discrimination may be difficult to prove, especially if it is based on subjective decisions like performance reviews or promotion selections. However, when multiple employees experience the same unfair treatment, it demonstrates a pattern of discrimination within the company.
Patterns That Indicate Widespread Discrimination
- A history of promoting men over women despite similar qualifications
- A workplace culture that tolerates sexual harassment or dismisses complaints
- Pay disparities between male and female employees in the same roles
- Company policies that disadvantage certain gender identities or expressions
- Retaliation against multiple employees who report discrimination
These patterns provide powerful evidence that discrimination is not an isolated incident but a systemic issue that violates state and federal employment laws.
How to Gather Evidence for Your Lawsuit
Proving discrimination requires strong evidence. If you suspect that your employer engages in sex or gender discrimination, it is important to document everything and gather as much supporting information as possible.
Steps to Build a Strong Case
- Keep a Record of Incidents: Document every instance of discrimination, including dates, locations, and names of individuals involved.
- Save Emails and Communications: Retain copies of any written communication that may show bias, such as emails or memos regarding promotions, pay decisions, or complaints.
- Compare Your Treatment to Others: Identify coworkers who have been treated differently under similar circumstances. If multiple employees have experienced the same type of discrimination, this strengthens your case.
- Obtain Company Policies: Review the company’s policies on promotions, pay raises, and disciplinary actions to determine if they are applied inconsistently.
- Speak to Other Employees: If you believe a pattern exists, talk to coworkers who may have had similar experiences. Their testimonies can serve as critical evidence.
Taking Legal Action Against Workplace Discrimination
If you have documented discrimination and believe there is a company-wide pattern, taking legal action can help you seek justice while also preventing future violations.
Filing a Complaint with a Government Agency
Before filing a lawsuit, you may need to file a discrimination complaint with a government agency such as:
- The Equal Employment Opportunity Commission (EEOC) for federal claims
- The California Civil Rights Department (CRD) for state-level claims
These agencies investigate workplace discrimination and may attempt to resolve the issue through mediation before legal action is pursued.
Filing a Lawsuit Against Your Employer
If an agency investigation does not lead to a resolution, or if you wish to take direct legal action, an employment attorney can help you file a lawsuit. Compensation in sex and gender discrimination cases may include:
- Back pay for lost wages due to discrimination
- Compensation for emotional distress
- Reinstatement of lost job opportunities
- Punitive damages against the employer for egregious violations
Protect Your Rights with Legal Representation
Sex and gender discrimination should never be tolerated. If you believe you have been unfairly treated and have identified patterns of discrimination in your workplace, you may have a strong legal claim. Contact PLBH at (800) 435-7542 to discuss your case and take the first step toward holding your employer accountable.