Gender Discrimination

Over the past fifty years, remarkable strides have been made in battling gender discrimination and advancing gender equality in places of employment. In 1964 Title VII of the Civil Rights Act laid the foundation for gender equality nationwide. Nevertheless, obstacles relating to gender still exist today, and they create roadblocks in career paths. These barriers can adversely affect an employee’s amount of pay, advancement, promotional opportunities, job security, and even their ability to obtain a job.

While gender discrimination may occur to both men and women, most cases involve discrimination against women. Despite the passage of Title VII, each year, countless women across the nation and in Pennsylvania report being victims of gender discrimination in the workplace. National statics report that for every $1.00 that a man makes, a woman earns $0.77. This amount is even lower for minority women as they make only $0.55 for doing the same work. Women also have a more challenging time being promoted to upper management positions as about half of all American businesses do not have women serving at their highest management levels.

At Bracken Law Firm, we are passionate about and dedicated to helping our clients defeat gender discrimination and receive the pay and recognition that they deserve. Our staff of experienced attorneys has been successfully handling gender discrimination cases for years.

If you feel that you are being discriminated against because of gender, we invite you to contact us for a free, no-obligation case consultation. During the consultation, we will listen to your story and help you better understand the rights that you have. We will also help you establish the best course of action and answer any questions that you may have. Our primary goal is to provide effective representation that protects clients from discrimination, harassment, and possible retaliation.

What is Gender Discrimination?

Often we see the terms gender and sex used interchangeably. However, there is a difference. “Sex” denotes a person’s biological identity as being female or male. “Gender” relates to the overall characteristics that society sees as being feminine or masculine. Gender also refers to how an individual self identifies regardless of how she/he is identified on their birth certificates. However, it does not matter if the discrimination is based on a person’s gender or sex. Either form of discrimination is illegal and should not exist in the workplace.

Types of Gender Discrimination

Discrimination based on an individual’s gender can take many different forms. Some of the most common forms include:

• Same job but unequal pay – This type of gender discrimination occurs when unequal pay exists between two genders who are doing the same job. We often see this when women are paid less than men when both have the same work position and duties.
• Altered or insufficient retirement programs – Gender discrimination exists when different genders are given unequal retirement options.
• Wrongful termination – Some employers will retaliate when an employee brings gender discrimination to their attention. Wrongful termination is a form of discrimination.
• Poor treatment by superiors – When supervisors give one gender preferential treatment, this is a form of gender discrimination.
• Retaliation for filing a discrimination claim – An employer may terminate an employee or demote them for filing a discrimination claim. This action, in itself, is discriminatory.
• Harassment – Employees may be subjected to harassment or a hostile work environment because of gender. Such actions are always discriminatory.

Laws that Protect Against Gender Discrimination

Feeling that you are discriminated against, and actual legal discrimination may be different. Federal and state laws help define gender discrimination and protect you from it. Those laws include:

Title VII of the Civil Rights Act of 1964

This important federal law makes it unlawful for an employer to discriminate against employees who fall into several protected classes, including gender. Generally, this law applies to workplaces that have fifteen or more paid employees. It always covers discrimination in state, federal, local governments, public and private universities and colleges, labor agencies, and employment agencies. An employer, under the Civil Rights Act, is forbidden to discriminate based on gender in these aspects:

• Compensation
• Hiring and firing
• Promotions, transfers, recalls, and layoffs
• Recruiting
• Advertising for a job
• Fringe benefits
• Testing
• Retriment plan offering, pay, disability leave
• Apprenticeship programs
• All other conditions and terms of employment that are discriminating of one’s gender or gender identity

“It shall be an unlawful employment practice for an employer … to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin.” — Title VII, Civil Rights Act of 1964.

Equal Pay Act of 1963

This federal law expanded upon Title VII of the Civil Rights Act. It specifically provides protection relating to discrimination in wages and pay and includes gender.

Potential Recovery for Your Case

At Bracken Law Firm, we are dedicated to getting you the compensation and justice you deserve when gender discrimination occurs. When your employer wrongly discriminates against you because of gender, you may be entitled to monetary damages, which includes compensation, punitive damages, and the reimbursement of all court costs and attorney fees. Our experienced attorneys will work diligently to recover the maximum compensation for lost wages and all the emotional anguish you have experienced due to your employer’s unfair and discriminatory practices. When you contact us for your free case consultation, we will provide further information on your individual case and all potential recovery.

We Are Here To Help You

Our experience handling gender discrimination cases has taught us that no two discriminatory occurrences are exactly alike. Keeping this in mind, we strive to understand your exact mistreatment concerns before we offer any informative advice. Our compassionate, knowledgeable, and experienced attorneys will help you obtain the justice and compensation that you are entitled to under the law.

If you believe that you have a target of discrimination based on your gender, keep detailed records of all of the incidents and contact us for a free consultation.

Keep in mind that a statute of limitations may apply to your case, so ensure that you seek legal advice before the time has expired.


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