Gender Discrimination Lawyers in Dallas
Gender discrimination involves treating someone unfavorably because of their gender. Gender discrimination can include a lot of things- from sexual advances in the workplace, to failure to promote or wrongful termination due to an individual's sex. Other areas that could reveal gender discrimination include hiring, pay and benefits. The Equal Pay Act in 1963 and Title VII prohibits these unlawful practices.
Gender discrimination can involve a male or a female- and a victim and a harasser can actually be the same sex. According to the U.S. Equal Employment Opportunity Commission (EEOC), "Although the law doesn't prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted)."
If you believe you have been the victim of gender discrimination, you should do the following:
- Write down a summary of the incidents- dates, places, times, witnesses
- Write down a report of the incident for your employer
- Keep any copies of anything you send to the company as well as the company's responses
- Follow your employers' policies involving sex discrimination complaints
- Write a formal complaint to your Union
- File a discrimination complaint with a government agency
- File a lawsuit with a personal injury attorney to collect money damages, get your job back or to get your employer to change his/her job practices
You can win a gender discrimination lawsuit by proving that you are a member of a protected class, that you were qualified for the job, that your termination, demotion or denial of benefits was because you are a member of a protected class, and that you suffered emotionally or lost wages (known as "back pay") as a result of the discrimination. In some cases, you may even be entitled to punitive damages. The law allows plaintiffs to recover attorneys' fees and court costs, so that the plaintiff does not have to pay for these expenses.
What are signs of gender discrimination?
Gender discrimination can involve slurs, disparaging remarks, admissions of bias and jokes- or it can involve:
- Statistics- for example, are all the executives white and male?
- Other cases of discrimination- does your company have a bad record?
- Pretext- illogical or nonsensical reasons for showing favor to another class
- Better treatment of others outside of the protected class
Who to File Your Claim With
As a Texas resident, you can file a sex discrimination claim with the Texas Workforce Commission. In order to do so, you will need to know the date of the last incident of discrimination, the date you were hired, the position you hold, and the details surrounding the discriminatory act against you. You can also file a charge of discrimination with the EEOC. Typically you have to file a charge of discrimination with the EEOC within 180 days of the incident, however, in some cases this period is extended to 300 days. Filing with the EEOC is not a lawsuit, but it will allow you to file a Title VII lawsuit down the road, if you wish.
Title VII applies to an employer "who has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year." It also prohibits discrimination due to an individual's association with another (for instance, an interracial marriage). Legal Momentum provides a helpful PDF file concerning "Sex Discrimination and Sexual Harassment in Employment."
When you are not getting the pay, position or opportunities that you deserve, you should not hesitate to take legal action. If your company has been conducting unlawful practices, someone should hold them accountable. Call Zinda Law Group today to get the aggressive representation of a Personal Injury Attorney you need on your side!