Gender Discrimination in the Workplace
Real-world experience and statistics make clear that the workplace is far from an equal playing field for the sexes. Women continue to be paid less for the same work. Female employees are regularly held to different standards than their male peers. Federal and state law prohibit employment discrimination based on sex or gender.
There is no law expressly and unmistakably prohibiting discrimination against gay or transgender employees because of their sexual orientation or gender identity. However, the laws against sex discrimination have rightly been interpreted to include such discrimination. Therefore, LGBTQ+ employees should also reach out if they believe their rights have been violated.
Herrmann & Murphy’s attorneys have brought successful actions against employers who allow harassment and discrimination based on sex to infect their workplaces. If you believe you are the victim of sex discrimination, you should reach out for a consultation today.
Do I Have a Case?
Employees Must File Claims Within 180 Days
Title VII of the Civil Rights Act of 1964 is the federal law prohibiting this form of discrimination. Title VII forbids employers with 15 employees or more from discriminating against any individual with respect to her compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin. Employees must bring these claims to the Equal Employment Opportunity Commission (EEOC) within 180 days of the discriminatory act.
Unfortunately, the EEOC is far more likely to harm your case than to help your cause. Therefore, we strongly recommend you reach out for a consult before going to the EEOC if you believe you have been the victim of unlawful discrimination or retaliation. No matter what, though, you must comply with the 180-day deadline. Therefore, you should file with the EEOC immediately if it has been five months since the adverse employment action occurred.
North Carolina’s Equal Employment Practices Act provides the same protection from discrimination. However, the law does not provide for the defendant to pay your attorneys’ fees the way that the federal law does. Nor does the state law prohibit retaliation.
South Carolina’s Human Affairs Lawprovides protection more similar to the federal law and provides employees a longer period of time to file their discrimination claim (up to 300 days).
Reach out for a consultation today.