Gender discrimination attorney: Here's how to Hire one

 Gender Discrimination Attorney: Here's how to hire one

Gender discrimination attorney


Discrimination based on sex includes discrimination based on gender. It happens when an employer makes unfair decisions about an employee's job based on whether he or she is a man or a woman. Gender discrimination can also include sexual harassment, gender identity discrimination, and sexual orientation discrimination.


People who are treated unfairly because of their gender often feel ashamed after the fact. But they might not tell HR or their boss about the event. They might be afraid that their boss will punish them. They might be afraid of getting fired and not having a job to go back to.


Everyone has the right to a job where they are not judged because of their gender. No matter what gender you are, you have the right to feel good about your job. No matter who you are, you have the right to be heard. If your employer doesn't respect this right, you can ask for money. You have the right to work with a lawyer who will help you fight for your right to a workplace that doesn't treat people differently because of their gender or sex. An experienced sex discrimination lawyer will fight for your rights in the workplace against discrimination based on your gender and other things.

What is Gender Discrimination?

Gender discrimination, also called sex discrimination, is when an employer decides whether or not to hire a person based on whether or not they are a man or a woman. Gender discrimination against employees or job applicants can be done by an employer, the CEO, a supervisor or manager, a coworker, a customer or client, or someone who is not an employee.

Men or women can be unfair to one gender or the other. It can happen between people of the same gender or between people of different genders.

In the workplace, there are four main ways that people are treated differently because of their gender:

  • When an employee is treated differently because of their gender, this is called "disparate treatment."
  • Disparate impact is when company policies exclude or hurt employees because of their gender, even if it wasn't done on purpose.
  • Sexual harassment/hostile work environment: When someone's bad behaviour gets in the way of their work or makes the workplace scary, hostile, or offensive.
  • Sexual harassment and "Quid Pro Quo" are both types of wrongdoing that are linked to giving or not giving an economic benefit.

Gender discrimination is a complicated area of the law. If a worker thinks they are being sexually harassed or treated differently because of their gender, they should talk to a sex or gender discrimination lawyer.

Gender Discrimination: In 2016, the Equal Employment Opportunity Commission (EEOC) said that IFCO systems will pay $202,200 to settle one of the commission's first cases of discrimination based on sexual orientation. The EEOC said that a supervisor at IFCO's Baltimore facility regularly harassed a lesbian employee based on her sexual orientation by saying things like "I want to turn you back into a woman" and "you would look good in a dress." The boss also made sexually suggestive moves toward her.
She was fired a few days after she told management about the harassment and called an employee hotline to report it. Surveys done by the non-profit GLAAD show that more than 40% of lesbian, gay, and bisexual people and almost 90% of transgender people have been discriminated against, harassed, or treated badly at work at some point in their lives. Even though the workplace is becoming more and more equal for LGBT workers, employers still have a long way to go.

Groups like GLAAD and other non-profits help teach employees about their rights and give LGBT workers support. You are not alone. Some outreach programmes can help you feel more powerful, but a gay and lesbian discrimination lawyer can help you fight for your legal rights.

The harassment lawyers at Derek Smith Law Group, PLLC have been helping people who have been treated badly because of their gender for years. Recently, our experienced sexual harassment lawyers fought for lesbian chef Mirella Salemi in a landmark case against her former employer, Gloria's Tribeca Inc., for discrimination based on her sexual orientation. After Salemi's former boss sexually harassed and abused her for years, a jury gave her $1.6 million.

What Are Some Examples of Gender Discrimination in the Workplace?

Gender discrimination can lead to problems with wages, benefits, and glass ceilings, among other things. Some examples of discrimination based on gender could be:

  • Comments that are sexist at work
  • Making sure that men can only work as bartenders and busboys. Only waitresses and hostesses are jobs that women can do.
  • Because your business is owned by women, you don't want to hire a man.
  • Using the fact that women have families as a reason not to hire them.
  • Not promoting any women to C-level positions.
  • Keeping women from getting benefits for their partners and kids. But your employer gives the men who work for him benefits for their families.
  • Having different Salary for men and women who do the same job.
  • Sending emails with pictures of women in typical roles for women.
  • Using insulting words to talk about women and men at work.
  • When you told HR that your boss was making sexist comments to you and other women in the office, you were fired without cause.
  • refusing to admit what gender you are. Instead, your boss keeps using the pronoun that was given to you at birth.
  • Because you are a member of the LBTQ+ community, people may say hurtful things about you and your same-sex partner.

What Rights Do I Have as a Victim of Gender Discrimination at Work?

Federal and state laws protect workers from being treated differently because of their gender. Title VII of the Civil Rights Act of 1964 makes it illegal to treat people differently because of their sex or gender. It applies to businesses that hire at least 15 people. The Equal Employment Opportunity Commission is where you must file your federal law claim (EEOC).

Many state laws also protect people based on their gender. Employers with as few as one worker may have to follow state laws. Many state laws let you go straight to court with your lawsuit.

A lot of the time, state agencies and the EEOC will give each other options. Under a reciprocal option, cases filed with the state agency are also filed with the EEOC, and vice versa. So, you might not have to choose between state laws and federal laws for your claim.

Talk to a good sex and gender discrimination lawyer about your case. Your lawyer can help you figure out which courts and laws are best for your case.

What Is the Time Limit to File a Gender Discrimination Lawsuit?

The Equal Employment Opportunity Commission (EEOC) says that you have to file a claim for sex discrimination within 180 days of the last incident. But if your state has a law against discrimination based on gender at work, the time limit is 300 days.

Each state has its own rules about how long you have to file a claim for sex or gender discrimination. Talk to a good gender discrimination lawyer to find out how long you have to file your claim.

The lawyers at the Derek Smith Law Group who deal with sex discrimination can help you file your claim in time. With their help, your case will be looked at.

What Remedies Are Offered Through the Courts for Victims of Gender Discrimination?

As someone who has been treated unfairly because of their gender, you want the courts to help. For your claim, the courts could give you the following:

  • Getting a job back again
  • Reimbursement for medical bills that are related
  • Legal fees
  • Back pay and pay to come
  • Financial remedies (pain and suffering, emotional distress, punitive damages)

Why should you hire an Attorney to help you with your claim of sex or gender discrimination?


Claims of gender discrimination have long-lasting effects on the people who are wronged. As a person who has been hurt by gender discrimination, you take what happens to you personally. You feel weak and are often afraid to talk to the people who did these things to you.

Working with a skilled Gender discrimination Attorney can make you feel better about yourself. You don't feel like it's you against your company. Instead, it is a group of people standing up for fairness at work.

A Gender discrimination Attorney can also help you make sure you don't miss the deadlines that the law sets. You have a certain amount of time to file your claim, answer your opponent, and file any other documents.

Often, things can be missed if you don't have an attorney who knows the law. Unfortunately, you can't use the fact that you didn't know the court's rules as an excuse. Your claim will not be looked at by the courts, and the other side's request to dismiss may be granted.

Working with a skilled discrimination lawyer will give your case more weight. It will help make sure that your case is heard by the courts. It also speeds up the process of negotiating so that a deal can be made sooner rather than later.

Is Transgender a Protected Class?


Even though transgender cases are fairly new, the Supreme Court has often ruled that it is discrimination to treat someone badly because they are transgender. In the case of Glenn v. Brumby, a transgender woman said she was treated unfairly because of her gender. She did this by filing a claim under the Civil Rights Act of 1964. The court decided that she was fired because she was changing from being a man to being a woman. The court decided that a person is transgender "exactly because people think his or her behaviour goes against gender norms." The court also said that discriminating against a transgender person because of "gender-based" stereotypes is the same as doing so because of their gender. Transgender people have the same rights as everyone else when it comes to not being treated unfairly based on sex stereotypes.

Is Gender Identity a Protected Class?

Gender identity is a new area of employment discrimination, similar to transgender issues. The court has ruled that discriminating against someone based on their gender identity is against the law under Title VII.

In Mitchell v. Axcan Scandipharm, Inc., an employee was told she had a gender identity disorder. She had been acting like a man for the first four years of her job, but then she started acting like a woman at work. Because of this, she was fired. The boss moved to fire the worker. The employer asked the court to throw out the case, but the court said no because the facts in the complaint showed that she was fired because she didn't look or act like a stereotypical man.
gender-discrimination 

The Court also said that her claims of gender discrimination were strong enough. The Parris v. Keystone Foods court said that a chicken processing plant fired an employee because she didn't act like the gender she was supposed to be. The Court agreed that the workers' claims were covered by Title VII's rules against sex discrimination.

Even though gender identity is not a protected class, courts have often found ways to protect it based on what a person wants.

Contact Gender Discrimination Attorneys for Your Free Consultation


Discrimination based on gender or sexuality does not go away on its own. In fact, if you do nothing about it right away, most forms of harassment get worse over time. No one should have to deal with bias or harassment at work because of their gender. No matter their gender, gender identity, or sexual orientation, people have the right to work together in peace and get the same treatment and benefits.

Call the Derek Smith Law Group Attorneys at 800-807-2209 to talk about your possible claim and find out how we can help you fight back. Our lawyers are ready to look over your claims and build a strong case so you can get the money and justice you deserve.

Did you face discrimination at work because of your gender or your sexuality? Do you have a question about your rights? We want to answer any questions you have and help you in any way we can. If you have any questions, you can call us at (800) 807-2209 or send us an email at derek@dereksmithlaw.com. We don't charge anything for the first time we talk.

Areas of Practice

  • Sexual Harassment
  • Employment Law
  • Discrimination Law
  • Rape and Assault
  • Retaliation
  • Wrongful Termination
  • Wage and Hour Law
  • Family and Medical Leave
  • Whistleblower
  • Child Sexual Abuse
  • Rape and Sexual Assault
  • Reasonable Accommodations
  • Physical Assault in the Workplace

Types of Gender Discrimination Cases 


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