How to File a Case for Gender Discrimination at Work
Published: Friday, October 18, 2019
There are many different types of gender discrimination at work. The most common form of gender discrimination is when an employee is not treated as well as other employees because of their gender. If you are experiencing gender discrimination at work, then you may be worried about reporting the discrimination or unsure about taking steps to make it stop. However, remember, there are laws in place to protect you if you choose to take action against gender discrimination at work.
Here is a brief overview of the protections available to workers experiencing discrimination at work and the steps you should take. However, to learn more about your rights, contact experienced workplace harassment lawyers in Sacramento.
What Are the Federal Laws?
Under federal law, it is illegal for an employer with 15 or more employees to discriminate against a worker based on sex. (“Gender” and “sex” are used interchangeably under federal law). Also, the federal law on gender discrimination at work makes it illegal for an employer to retaliate against an employee for reporting discrimination, or for participating in an investigation or lawsuit related to discrimination.
What Are the California Laws?
California laws against gender discrimination at work provide stronger protections and cover more employees and employers than federal law. For example, unlike federal law, California’s Fair Employment and Housing Act (FEHA) applies to employers of five or more employees. Additionally, in California, not only is it illegal to discriminate against someone based on sex, but it is illegal to discriminate against someone based on gender, gender expression, gender identity, or sexual orientation.
How to File a Case for Gender Discrimination?
Before contacting workplace harassment lawyers in Sacramento, there are several steps an employee should take if they are experiencing gender discrimination at work:
1. Write everything down.
It is essential to keep a detailed record of every incident of discrimination, how it was addressed in the workplace, and its impact on your emotional and physical well being. You must write down when the incident occurred, every detail of what happened, anything you said and did, anything the other person said and did, and any witnesses to the incident. Keep these written accounts someplace safe, not related to the workplace.
2. Review your employers’ policies.
Review the Employment Manual or Handbook, or contact Human Resources (HR), to see what policies are in place to protect employees from gender discrimination. You should contact HR if you never received an Employment Manual or Handbook containing the company’s policies.
3. File an internal complaint about discrimination to HR or supervisor.
Keep your own copies of attempts to report gender discrimination at work.
4. File a gender discrimination complaint with a federal or state government agency.
If you want to sue your employer, it is necessary to file a formal gender discrimination complaint with the federal Equal Employment Opportunity Commission (EEOC) or with California’s FEHA. After filing a claim with a government agency, you must get a Right to Sue notice before filing a lawsuit in court with Sacramento hostile work environment attorneys.
It is essential to pay attention to the deadlines for filing a claim. You must file a gender discrimination complaint within the deadline, or the right to sue will be lost. Once again, you must remember that an employee cannot bring a lawsuit against their employer unless they have first filed a complaint of discrimination with the EEOC or FEHA. Additionally, it is essential to remember that internal complaints that the employee makes to their employer or their union do not extend the filing deadline with the government agencies.
When to Talk to Sacramento Sexual Harassment Lawyers
It can be very confusing to navigate filing a claim to protect your rights as a worker, so if you need any help understanding your rights the Sacramento sexual harassment lawyers and Sacramento hostile work environment attorneys can help. At Sacramento Sexual Harassment Lawyers, we offer confidential legal information and advice for victims of gender discrimination at work.