Sex or Gender Discrimination in the Workplace
If you are an employee or job applicant that has been treated unfairly in a Miami workplace because of your gender, you may be the victim of sex or gender discrimination. Sex or gender discrimination is illegal under both federal and local laws. It does not matter whether you are a man or woman and it does not matter if the person discriminating against you is the same or opposite sex. You have rights that include being treated equally no matter your sex or gender. For the past 25 years, the experienced attorneys at the Derek Smith Law Group have helped people, just like you, get the compensation they deserve.
What Is Discrimination Based on Sex or Gender in Miami?
Sex or gender discrimination in the workplace occurs when an employee or job applicant is treated unfairly or harassed by an employer, CEO, co-worker, supervisor or manager, client or customer, vendor, or other non-employees because you are male or female. Both men and women can be equally affected, and it can come from a person of the same sex or opposite sex. This type of discrimination can result in demotions, terminations, denial of benefits, pay decreases, being passed over for promotions, harassment, or any other treatment that is unethical, immoral, or unequal.
Sex or gender discrimination is protected by laws on the federal and local levels. Some of the laws protecting you include:
- Title VII of the Civil Rights Act of 1964 protects employees or job applicants of firms with 15 or more employees from discrimination on the basis of sex or gender.
- The Equal Pay Act of 1963 says that men and women working in the same or similarly situated positions within a company for the same length of time should receive the same pay. This also applies to employers of 15 or more employees.
- The Florida Civil Rights Act protects employees in Florida companies with 15 or more employees from discrimination based on sex or gender.
When thinking about evidence, there are three ways to prove that you experienced sex or gender discrimination in the workplace: direct evidence; disparate evidence; and policy evidence.
- Direct Evidence. This is also known as the “smoking gun.” When your employer says that you were treated in a certain manner because of your sex or gender, that is direct evidence of discrimination. It can be in writing or verbal and can be said or written directly to you or someone else about you.
- Disparate Evidence. This is more common in the legal world. Disparate evidence occurs when you can show a direct relationship between poor treatment and your sex or gender. For instance, when you are praised on your evaluations and have wonderful reviews but are constantly overlooked for promotions while your female co-workers are always promoted, even if they are less qualified, you may be able to show disparate evidence for discrimination.
- Policy Evidence. This occurs when a policy is intentionally or unintentionally discriminatory. Simply following the policy will lead to discrimination based on sex or gender.
Whether you are hitting a “glass ceiling,” denied benefits for your family, experiencing sexism in the workplace, or harassed for your gender, you may be experiencing sex or gender discrimination in the workplace. Here are some examples of sex or gender discrimination in Miami:
- Your boss tells you that you are not feminine enough and you must act more like the “woman you are”
- Your co-worker constantly uses gender-based slurs that you repeatedly say offend you
- Your company has a policy that women can only be promoted to Assistants to the C-level and hit a “glass ceiling” at that point to avoid further promotions
- Your boss refuses to give you benefits and tells you that you must go on your husband’s benefits, even though he offers benefits to your male co-workers
- A woman and man started working in the same position on the same date. The man was offered significantly more money than the woman
- You are terminated because you complained to HR that your boss seems to favor women over men for certain positions
- Women are not offered positions in the automotive department under any circumstances
- Men are only allowed to work as bartenders or busboys in the restaurant and women are only allowed to work as waitresses or hostesses
- You are demoted because you refused to wear only dresses or skirts to work and you continue to come to work in professional pants suits
- Your co-workers continually make catcalling sounds at you even though you have asked them to stop
- Your client will not let a man work on her project because she just doesn’t like men
If you wish to file a claim under the federal laws of Title VII or the Equal Pay Act, you must file the claim with the Equal Employment Opportunity Commission (EEOC). The EEOC gives a time limit of 300 days to file your claim, at which time they will investigate to make sure it falls under the guidelines of sex or gender discrimination. If approved, you will receive a Right to Sue letter allowing you to file a lawsuit in federal court.
The Florida Human Relations Commission (FHRC) handles any claims filed under the Florida Human Relations Act. You have 1 year to file a claim. Florida institutes a work-sharing agreement which will allow the claim to automatically be filed with the EEOC as well.
If you are going to take the leap to file a complaint against your employer in Miami, it is natural to wonder what type of relief the court will offer. Some remedies available through the courts for your claim may include, but are not limited to:
- Reinstatement of employment and/or benefits
- Reimbursement of benefit premiums
- Reimbursement of medical and other related expenses
- Reassignment or termination of the person responsible for the discriminatory behavior
- Reviewing and revamping of sex or gender discrimination policy
- Attorney’s fees
- Back pay
- Future pay
- Pain and suffering
- Emotional distress
- Punitive damages
Sex and gender discrimination lawsuits can last anywhere from 4 to 6 months to a year or longer, depending on the details of your case. If your employer is willing to negotiate a fair settlement before going to trial, your case may settle in as little as 4 to 6 months. However, if your employer refuses to negotiate a settlement and insists on going to trial, your case may take 8 months to a year or longer to prepare. The trial may then take another few days to several weeks or longer before a judgment is entered by the court.
As you decide what your next steps may be, there are a few things you should do to help prepare your claim for filing.
- Contact an experienced sex or gender discrimination attorney immediately.
- If you are still employed, do not quit until you consult with your attorney.
- If your company has an HR department, file a complaint regarding the discrimination.
- If your company has a policy regarding sex or gender discrimination, follow it.
- Gather evidence. Document every incident, including what occurred, when and where it occurred, who was involved, and any witnesses.
- Do not waste time. You only have a year to file a claim. Do not wait until it is too late.
Contact Our Experiences Miami Sex or Gender Discrimination Attorneys for a Free Consultation
No one should ever be forced to work in an environment where they are treated unfairly or harassed because of gender or sex. If you are a victim of sex or gender discrimination in a Miami workplace, the experienced attorneys at the Derek Smith Law Group, one of FindLaw’s Top sexual harassment attorneys in Miami, can help. We have helped our client win over $165,000,000, and we want to help you. Contact us today at (305) 946-1884 for your free consultation. We do not collect any money until you win your case.
Types of Workplace Discrimination Cases We Handle in Miami:
- Race Discrimination
- Color Discrimination
- National Origin Discrimination
- Religion Discrimination
- Age (over 40) Discrimination
- Disability Discrimination
- Pregnancy Discrimination
- Sexual Orientation Discrimination
- Genetic Information Discrimination
- Equal Pay/Compensation Discrimination
- Ethnic Discrimination
- LGBT Discrimination
- Hair Discrimination