If you have been overlooked for promotion, fired from job or denied wages because of unlawful gender discrimination, you should take legal action against your employer. This type of discrimination is prohibited by Equal Pay Act and Civil Rights Act. It is the duty of the employer to ensure the workplace is not a hostile environment for people of a certain gender. Discrimination can be proved if wages are different for people of different genders even when the type of work remains the same. Gender discrimination claims in Weston can be filed when an employee is denied promotion based on gender.
It can be a sexual harassment claim. The victim may have been abused physically and verbally. The employer is liable for such conducts even when the discriminatory act was committed by a coworker at the workplace. Even forcing an employee to work in an overtly sexual environment can be termed a discriminatory practice. Gender discrimination is difficult to prove because of lack of solid evidence. However, claims can be made successfully with the help of a lawyer who specializes in this field. Lawyers working in this field know how to prove the claims made by the victim. They obtain requisite documents and use their legal skills to prove the discriminatory act or policy.
Gender discrimination is divided into two categories. The first is disparate treatment which is a direct form of gender discrimination. In such a case, the victim is treated differently due to gender. The second is disparate impact discrimination. It is a complex not so overt form of discrimination. The company may have devised clever policies to exclude certain employees based on their gender. On the face of it, there is no discrimination but the policies are designed in such a way that some people are discriminated in jobs or promotions only because of their gender. The employer implements policies that indirectly discriminate. These policies can be termed unfair and illegal. The employer uses subtle changes, jargon wording and complex policies to exclude people of a particular gender.
Gender discrimination can take various forms. Employment contract may be terminated wrongfully only on the basis of gender. The company may have devised discriminatory policies related to benefits, pay, perks, hours or vacations. Retaliatory action is taken against the person who files sexual harassment complaint. An employee may be pressurized to testify against another employee who has filed sexual discrimination claim. The employer may have retaliated even for rightfully claiming maternity leave, pregnancy leave or family leave.
Anti-discrimination laws have been framed to improve the workplace environment. The goal is to ensure there is no workplace discrimination based on race, religion, sex, national origin, color and genetic information. There are certain caveats with each of these factors where the discrimination laws do not apply so it is important to consult a lawyer when filing a gender discrimination claim in Weston.
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