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All people should have every opportunity to advance in their careers. Unfortunately, discrimination still exists in workplaces all over the country, which can prevent someone from being hired, promoted, or paid better due to some different factors. One common form of discrimination that still exists today is gender discrimination. If you believe that you have been a victim of gender discrimination, filing a lawsuit can be a good option and help you recover financial losses that were a result of the discrimination. There are several factors to consider when determining if you can sue for gender discrimination.
Hired of Fired Based on Gender
One factor that can influence whether you can sue for gender discrimination is if you were fired or not hired for a job based on your gender. An employer should not factor in the gender of the applicant or employee when trying to figure out whether they should be hired or fired. If it is apparent that your gender was a deciding factor in this situation, and you incurred a loss because of it, you could file a lawsuit and claim your change in job status was based on discriminatory actions.
Compensation
Another situation in which you may sue for gender discrimination is if you are not receiving fair compensation due to your gender. When it comes to compensating employees, an employer should take a fair and balanced approach. The gender of an employee should not be factored into consideration. Instead, it should be based on experience, skills, and a successful track record. If you are aware that people of another gender are getting paid more than you, and you are equally qualified, it could be an example of gender discrimination. Beyond salary, other forms of compensation differences that can indicate discrimination include a difference in fringe benefits or training opportunities.
Discrimination and Harassment
Another situation in which you may have a valid gender discrimination claim is if you experience harassment at the workplace. Harassment can come in many forms including if someone shows unwanted advances, makes suggestive comments or makes derogatory comments towards you based on your gender, sexual orientation, or if you are currently pregnant.
How to Prove Gender Discrimination
If you believe that you are a victim of gender discrimination and have suffered any type of loss, you could have a claim for gender discrimination. However, you will need to prove that the discrimination took place in court in order to win a judgment in your favor. To prove discrimination took place, you will need to have evidence, which can include either direct or circumstantial evidence. Direct evidence is normally very clear and can include written emails or memos or verbal statements with witnesses that directly show you were harassed or discriminated against.
While direct evidence can be the most effective and harder to defend, it is not very common that you will have this form of support for your claim. Instead, you can still build a case based on circumstantial evidence. Quality circumstantial evidence will need to show that it is reasonable to presume that you suffered a loss due to gender discrimination.
In general, to qualify for gender discrimination based on circumstantial evidence, you will need to be part of a protected class based on your gender, be qualified to complete the tasks necessary for your position, receive adverse action such as being fired, and then be replaced by an individual that was not a member of the same class. Beyond this, you could have a claim based on circumstantial evidence if you prove that other members of your protected class are also treated unfairly, if there are few members of your protected class in your job or role, or if less-qualified people outside the protected class are hired or promoted.
What Can be Collected in Gender Discrimination Lawsuit
If you are successful and win your gender discrimination lawsuit, you could win a large judgment. Due to this, many gender discrimination cases are going to be settled outside the courtroom. Some of the items that are factored into the total reward that you can win during these lawsuits include money that you have missed out on due to lost wages or reduced pay, the loss of future expected earnings, lost benefits, attorney fees, and reimbursement for emotional distress you incurred as a result of the harassment. In some cases, particularly when the case heads to a full trial, you may also win punitive damages that are assessed as a means to punish the defendant.
Nobody should ever lose an opportunity due to his or her gender. If you have been discriminated against due to your gender, it is important to receive legal support and consultation. When reaching out to an attorney, you will learn more about if you can sue for gender discrimination. The lawyers can also help you build a case, file a lawsuit, handle any settlement negotiations, and even prepare and present your case in court. This can help ensure that you receive the settlement or judgment that you are entitled to and that your rights are properly represented.
You may also like: Workplace Discrimination Examples, Laws, And Steps To Deal With It
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