What is Gender and Sex Discrimination?
Gender and sex discrimination occurs in the workplace when an employee is harassed or otherwise treated unfairly or differently due to the individual’s gender or sex. This discriminatory behavior can come from any individual in the entity, including, but not limited to managers, supervisors, or co-workers.
Upon being alerted of the discrimination or harassment, the company must take immediate and affirmative measures to stop it. An employer is required by law to keep his or her workplace free from sexual discrimination and harassment. Further, the employer is forbidden from taking any type of retaliatory action against an employee who has filed a gender or sexual discrimination claim.
Have You Been Wrongly or Unfairly Treated By Your Employer Because of Your Sex?
Common Examples of Gender and Sexual Discrimination
Common examples of gender and sexual discrimination include, but are not limited to the following:
- A decision not to hire a prospective employee based on the sex or gender of that individual;
- Treating a group of employees differently from others, either better or worse, based on their sex or gender;
- Due to the sex or gender of an employee, paying that employee less than other employees who do similar work;
- Denying an employee a salary increase, a package of benefits and/or consideration for a promotion due to the employee’s sex or gender;
- Harassing a single employee, or a group of employees due to their sex or gender;
- Creating a hostile work environment for an employee, or a group of employees due to their sex or gender;
- Demoting, suspending, terminating, or firing an employee not for their work performance, but rather due to their sex or gender.
Sex Discrimination Law
Specific federal and Idaho state laws exist to protect employees from sex or gender discrimination. Among the most effective federal laws are Title VII of the Civil Rights Act of 1964 and the Equal Pay Act of 1963, which requires employers to pay equally employees who do the same work, without considering the employee’s sex or gender.
On the state level, the Idaho Human Right Act protects employees from discrimination based on sex or gender.
You are Protected Under Title VII
Among other things, Title VII prohibits employers from discriminating against an employee due to that individual’s sex. The Act provides extensive remedies if discrimination can be proved.
Under the Act, if you believe that your employer has discriminated against you due to your gender or sex, you must first file a timely claim with the Equal Employment Opportunity Commission (EEOC), the federal agency charged with the task of processing and handling workplace discrimination claims.
Idaho Employment Law Solutions has much experience in filing claims with the EEOC and will draft a claim that meets all agency requirements. Generally, an EEOC claim must be filed and investigated before a private lawsuit can be filed. The EEOC claim must be filed within 180 days of the employer’s alleged discriminatory conduct.
Once the claim has been filed, the EEOC will appoint an investigator to examine the claim in order to determine if a violation has occurred. If the investigator determines that there has been a violation of federal law, an appropriate remedy will be given, an example of which may require the employer to re-hire an employee who had been terminated, or to make certain substantive changes to its workplace policies that would prevent a similar violation from occurring in the future.
However, if the EEOC’s proposed resolution is insufficient to correct the violation, or it affirmatively chooses not to take action against the employer, the agency can send the employee a “Right to Sue Letter” which would allow that individual to file a lawsuit either in Federal or State court.
By its nature, any sex or gender discrimination lawsuit is highly fact-sensitive, underscoring the need for a skilled attorney.
Do I Need a Sex Discrimination Lawyer?
If you live in Idaho and believe that you have been discriminated against in the workplace because of your sex or gender, your first step must be to contact a law firm that is knowledgeable and experienced in both employment and sex discrimination law, two highly complex and detailed fields of the law. Fortunately, such a firm exists in Boise, Idaho Employment Law Solutions. For a small initial consultation fee of $75, the firm will examine whether your claim has legal merit. If it does, and you decide to retain the firm, they will design an effective case strategy and will explain in detail the many steps involved in advancing your claim and settling your matter to your satisfaction. If you decide to retain Idaho Employment Law Solutions, you will have the assurance of knowing that they have great experience in litigating sexual discrimination claims and will always advocate diligently on your behalf.
Contact an Idaho Gender Discrimination Lawyer
Idaho Employment Law Solutions is an African-American and Veteran-owned law firm providing quality and efficient legal counsel to businesses, organizations, employers/employees, as well as individual multi-cultural clients located throughout Idaho.
Idaho Employment Law Solutions is skilled in handling charges of discrimination based on gender, sexual orientation, disability, religion, race, national origin, and pregnancy submitted to the Equal Employment Opportunity Commission (EEOC), the Idaho Human Rights Commission, the U.S. Department of Health and Human Services and the U.S. Department of Labor. Idaho Employment Law Solutions has extensive experience in handling complaints by employees about discrimination or harassment before those complaints become official charges of discrimination. Idaho Employment Law Solutions is experienced in guiding its business clients through sexual harassment investigations and provides advice on a case-by-case basis about the most effective way for the employer and employee to address claims of sex/gender discrimination. Contact us today at (208) 672-6112.