Should I Hire a Lawyer for Sexual Discrimination?

Sexual Discrimination of any form in the workplace is illegal, and victims of discrimination are protected by a number of federal and state laws. Every person has the right, by law, to work in a harassment-free environment. Additionally, many types of harassment outside of the workplace are also illegal. Filing work and police reports can be complicated, as can putting together discrimination cases for prosecuting in both civil and criminal court. Thus, it is important to dissect the severity of the harassment and decide if the expert opinion of a lawyer to guide you through this trying process is what you need to do to protect your rights.

Harassed at Work? Get Help

In today's job market, many employers feel as if they can get away with illegal harassment, because employees fear losing a job. This type of behavior is not tolerated by our justice system. Always consult an attorney if you feel harassment is ocurring at your workplace.

Common Types of Discrimination

When deciding whether or not to obtain a lawyer for sexual discrimination, it is important to document exactly what the nature of the discrimination is. All types of Sexual Discrimination in the workplace are illegal under the law. The most common types include:

• Outright exclusion due to gender
• Labeling of jobs as “man only” or “woman only”
• ‘Unwritten’ rules for success, based on appearance vs. performance
• Generally barring pregnant women from the workplace
• Not hiring or promoting a woman due to their having children, while promoting/hiring men in the same situation (the “sex plus” theory)
• Lowered benefits based on gender
• Unequal pay for equal work due to gender
• The “Glass Ceiling,” not promoting past a certain point based on gender

Federal Sexual Discrimination Laws

The U.S. Equal Employment Opportunity Commission (EEOC) enforces nearly all federal laws pertaining to all types of sexual discrimination in the workplace. The EEOC also provides oversight and coordination of all federal equal employment opportunity regulations, practices, and policies. These laws include:

• Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin.
• The Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;
• The Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.

The Civil Service Reform Act

The Civil Service Reform Act of 1978 covers many laws not enforced by EEOC. These include:

• Prohibitions known as prohibited personnel practices, which are designed to promote overall fairness in federal personnel actions
• Prohibition of any employee to discriminate for or against employees or applicants for employment based on sex
• Provides that certain personnel actions cannot be based on attributes or conduct that do not adversely affect employee performance

The CSRA also prohibits reprisal against federal employees or applicants for whistle blowing, or for exercising an appeal, complaint, or grievance right.

Conclusion

If you are a victim of sexual harassment, it is imperative that you contact a sexual harassment lawyer to guide you through the entire incident and ensure your rights are protected.

• If you need help with an employment problem, click here for a Free Case Review from a local Employment Lawyer. The content of this site is provided for informational purposes only, and should not be construed as legal advice. Always seek competent legal counsel for any legal questions.