If you feel that you’re being discriminated against at work based on your gender, knowing your rights and legal options is crucial. Gender-based workplace discrimination is illegal at both the state and federal levels, and victims can seek to hold their employers accountable by filing a workplace discrimination lawsuit.
Understanding Gender Discrimination in the Workforce
Gender discrimination in the workforce occurs when an employer treats (or allows treatment of) an employee or job applicant unfairly due to their gender, gender identity, or sexual orientation. Examples of gender discrimination can include:
- Unequal pay compared to someone of the opposite gender for the same work
- Denied promotions or raises in favor of someone of the opposite gender
- Discriminatory hiring or firing practices that prioritize one gender over the other
- Sexual harassment based on your gender identity or sexual orientation
- Unequal expectations or standards for employees based on their gender
In Michigan, the Elliott-Larsen Civil Rights Act prohibits various kinds of workplace discrimination, including gender-based discrimination. And federally, Title VII of the Civil Rights Act of 1964 also protects workers from these types of discrimination.
Elements To Prove in a Gender Discrimination Case
Proving that you are a victim of gender discrimination involves establishing specific facts. In particular, you must show that you are a member of a protected class, that you were qualified for your role, that you suffered an adverse employment action, and that others not in the same protected class did not suffer the same action.
For gender discrimination cases, your protected class is your gender identity or sexual orientation. Once you’ve established the facts, you can then provide various types of evidence to demonstrate your work proficiency and why the employment action taken against you, such as termination or being passed over for a promotion, doesn’t align with your work history. You must be sure to prove that other employees not in your protected class experienced the same treatment. If you cannot, it may be challenging to prove that your treatment was based on your gender.
Key Evidence Used To Support Your Case
It is vital to support your case with solid evidence of discrimination. This evidence can take several forms, such as direct, indirect, or comparative evidence.
Direct evidence includes things like emails, text messages, or verbal statements that are discriminatory. Indirect evidence includes being passed over for promotions or receiving a negative performance review without citing specific issues. And comparative evidence simply involves how you are treated compared to other employees not in your protected class.
Steps To Take if You Suspect Gender Discrimination
If you suspect you are the victim of gender discrimination at work, it’s essential that you take the following steps to strengthen your legal case:
- Document Everything: Keep detailed records of all instances of discrimination and save copies of any discrimination that occurs via email or text messages. This evidence may be crucial for proving your case.
- Report the Discrimination: Report the discrimination to your manager or the human resources department. When making your report, make sure you receive a copy of the official complaint that they filed.
- Consult an Employment Attorney: An employment law attorney can review your case to identify its strengths and weaknesses and guide you through how to handle the situation from a legal standpoint.
- File a Complaint: Finally, your attorney can file a complaint with the Michigan Department of Civil Rights (MDCR) or the Equal Employment Opportunity Commission (EEOC).
Contact Our Michigan Employment Law Attorneys Today
Contact Fagan McManus, P.C., for a free initial consultation about your gender discrimination case. We’ll review the discriminatory incidents and practices and walk you through your options for holding your employer financially accountable.
