Fierce Advocacy In Gender Discrimination Cases
Gender discrimination in the workplace includes failing to hire someone or firing someone because of their sex or gender. It also includes not promoting worthy candidates, paying less compensation to a worker of one sex or one gender identification than another, creating a hostile work environment, and many other work-related acts of discrimination.
If you have been treated unfairly at work, you may be the victim of unlawful discrimination. At Sam Nicholson Law Office, PLLC, we have proven experience protecting the rights of all workers. Our firm’s founder, Sam Nicholson, understands what acts constitute gender discrimination and what rights and remedies workers have. He works tirelessly to get workers reinstated and to get all the damages for lost wages the laws allow.
Sex And Gender Discrimination Defined
Gender discrimination is treating someone differently because they are male, female, lesbian, bisexual, gay or transsexual. Discrimination can occur when the employer thinks a person is a member of the LGBTQ community, even if they are not.
There are rare cases in which it is acceptable for an employer to base hiring practices for particular positions on sex or gender identification. For example, if the employer is a theater company casting an all-female play, they have a reason only to hire female actors. However, this is the exception, not the norm.
Employment discrimination based on sex and gender identification includes the following:
- Hiring/termination and promotions. If you have the skills and experience that the job requirements demand, then you should be hired no matter your sex or gender. A woman should not be fired if she has more seniority than a man and the same qualifications as the man. If you get great year-end reviews and employee awards, but you do not get promoted because of your sex or gender identity, you have cause to consult with us.
- Pay and work assignments. Men are not entitled to more pay than their female counterparts if they are doing the same work. Members of the LGBT community deserve assignments based on their skills. Employees should not receive less favorable assignments or less desirable work because of their sex or gender identification.
- Benefits. If a male employee can include his spouse on his health insurance policy, a woman should have the same right. If life insurance, pensions, stock options and other benefits are offered to a person of one sex or gender identification, they should be offered to comparably skilled employees of another sex or gender identification too.
- Glass ceiling. Many women suffer from the “glass ceiling” effect. This concept describes an intangible barrier to employment based on gender, which places limitations on a woman’s advancement up the corporate ladder. Women who are denied upper management jobs may have a sexual discrimination claim.
- Sexual harassment. Employees cannot be ridiculed, abused, assaulted or mistreated because of their sexual identity.
How Federal And State Laws Protect You
Federal and Kentucky laws provide protection for workers who suffer sex or gender discrimination. Our lawyer simplifies these complicated laws for clients. Complaints usually begin with the state agency – the Kentucky Human Rights Commission – or the federal Equal Employment Opportunity Commission.
If the agency does not properly resolve the case, a lawsuit may be warranted. Federal employment discrimination laws apply to some – but not all – employers. The statutes cover state and local government employers, private employers and educational institutions. Some laws also include unions, employment agencies and others.
Some of the primary sex and gender discrimination laws include:
- Title VII of the Civil Rights Act of 1964 makes discrimination illegal if it is based on a person’s sex, race, color, national origin or religion. Retaliation against employees who assert their rights is also illegal.
- The Equal Pay Act of 1963 (EPA) means employers cannot pay men and women different wages if they do the same work. Employers also cannot retaliate against any worker who files a sex discrimination claim.
Discrimination based on sex is illegal under the Kentucky Human Rights Act Tenn. Code Ann. §4-21-401. Our attorney brings claims before the right agency and in the right court in order to achieve the optimal outcome.
Sexual Discrimination Damages
Depending on whether federal or state law is used, damages can include:
- Lost wages and back pay
- Being hired
- Reinstatement when fired
- Getting the promotion
- Payment for pain and suffering, punitive damages which are meant to punish the employer, legal fees, the cost of expert witnesses and court costs
Employers may also be forced to post notices advising employees of the discrimination and their right to be free from gender discrimination. Corrective actions may also be ordered.
Learn More About Your Rights
The Sam Nicholson Law Office, PLLC, fights for anyone who is the subject of discrimination in Louisville, Lexington, Frankfort and Paducah and across Kentucky. We hold the employer accountable to get you the right employment status and all the work benefits you deserve.