Sex and gender discrimination in the workplace can take many forms, including unfair treatment based on gender, sexual harassment, unequal pay, or being passed over for promotions. If you are facing sex or gender discrimination at work, it’s important to know your rights and take action to protect yourself. This blog will guide you through the steps you can take to handle such discrimination legally and effectively.
Understanding Sex and Gender Discrimination
Sex and gender discrimination occurs when an employee is treated unfavorably due to their gender, gender identity, or sexual orientation. This can involve:
- Unfair hiring, promotion, or pay decisions.
- Sexual harassment or unwelcome sexual advances.
- Offensive comments or jokes based on gender.
- Unequal opportunities for training or advancement.
Both federal and state laws protect employees from such discrimination in the workplace.
Step 1: Recognize the Discrimination
The first step in addressing sex or gender discrimination is recognizing when it’s happening. Discrimination may not always be obvious, but some common signs include:
- Being treated differently from colleagues of a different gender.
- Repeated comments about your gender or appearance.
- Being passed over for promotions despite meeting qualifications.
- Being paid less than colleagues for the same work.
Once you’ve identified discriminatory behavior, it’s important to document each instance to support your case.
Step 2: Document the Discrimination
Keeping detailed records of the discrimination you’ve experienced is crucial if you decide to take legal action. Document every incident by recording:
- Dates, times, and locations of each occurrence.
- Descriptions of what happened.
- Names of individuals involved, including any witnesses.
- Relevant emails, texts, or other communications that show evidence of discrimination.
This documentation will help strengthen your case if you need to report the discrimination or seek legal help.
Step 3: Report the Discrimination Internally
Many companies have formal policies for handling workplace discrimination. Before pursuing external legal action, it’s typically required to report the discrimination internally. Submit your complaint to your human resources (HR) department, following the company’s official complaint procedure. Be sure to:
- Submit your complaint in writing and keep a copy for your records.
- Include details of each incident, along with supporting documentation.
- Ask for an investigation into the matter.
If your employer does not address the discrimination or if you face retaliation for reporting it, you may need to seek further legal action.
Step 4: File a Complaint with the EEOC or DFEH
If your employer fails to resolve the discrimination internally, you can file a formal complaint with a government agency. Two main agencies handle discrimination claims:
- Equal Employment Opportunity Commission (EEOC): Handles federal discrimination claims. You must file your complaint within 180 days of the discriminatory act.
- California Department of Fair Employment and Housing (DFEH): Handles state claims in California. You have up to three years to file a complaint with the DFEH.
These agencies will investigate your case and may try to mediate between you and your employer.
Step 5: Seek Legal Assistance
If internal complaints or government agency investigations do not resolve the discrimination, it’s time to consult with an experienced employment attorney. An attorney can:
- Help you gather additional evidence.
- Guide you through the legal process.
- Represent you in court if necessary.
PLBH specializes in protecting employees’ rights in sex and gender discrimination cases. Our team can assist you in building a strong case and pursuing legal action to hold your employer accountable. Contact (800) 435-7542 to discuss your situation and get the legal support you need.
Sex and gender discrimination should never be tolerated in the workplace. By taking the right steps and seeking legal help, you can protect your rights and work in a fair, respectful environment.