If you feel you have been treated unfairly because of your gender or sex, you should contact a gender discrimination attorney. Discrimination based on gender is a type of sex discrimination. It occurs when an employer makes discriminatory hiring decisions based on the gender of an employee. Sexual harassment, gender identity discrimination, and sexual orientation discrimination are all examples of gender discrimination.
Gender Discrimination Attorney
Discrimination in the workplace is an evil prevalent in society even in the modern age. Discrimination can be defined as the act of treating another individual unjustly or with prejudice because of their ethnicity, gender, religion, or disability. Discrimination in the workplace can take the shape of many things.
Modern workplaces are rampant with instances of discrimination in pay policies, sexual harassment, and irrational demands on women who are seeking maternity leaves among other things.
It can include the extremely obvious situations of prejudice and injustice seen in the workplace aimed at a person based on their ethnicity, gender, religion, or disability. However, discrimination in the workplace can also be covert, unsaid acts and situations which are more difficult to comprehend and identify.
This is where a gender discrimination attorney comes into the picture. Not only do they help one make sense of the various situations of discrimination in the workplace, but also provide assistance to seek remedies for the same.
Chapter 760 Part I of the 2021 Florida Statutes outline the different facets of discrimination in the treatment of persons. Sections 760.01 to 760.11, part of the Florida gender discrimination law in the Florida Civil Rights Act of 1992 was written especially with the purpose of securing freedom from discrimination on the basis of color, race, religion, pregnancy, sex, national origin, handicap, age, or marital status for every person in the State.
Thus, by protecting their interest in personal dignity, the Florida Civil Rights Act of 1992 seeks to help individuals become contributing citizens in the State and also promote the interests, rights, and privileges of such contributing citizens in the State of Florida.
The Florida Civil Rights Act of 1992 grants the Attorney General the right to begin the proceedings for a civil action to seek damages or injunctive relief which means relief based on restraint or preventing discriminatory practices or even seeking penalties not exceeding $10000 for each recorded violation.
For the affected party seeking relief from the law against such discriminatory acts, a discrimination attorney might be the best option available to make a strong case before the judiciary.
Gender Discrimination Attorney And Employment Gender Discriminatory Practices
The Florida gender discrimination law clearly states that any acts where someone is refused employment on the basis of their gender as depicted below may be termed as gender discriminatory practices:
- when someone is refused to be hired
- when a person is deprived of employment opportunities or growth
- when a person is refused reference for employment purposes
- when a person is refused training or apprenticeship
- when a person is refused a license, certification, or such other credentials necessary for engaging in a certain profession
- when a person is not given fair compensation for jobs even though it involves similar tasks, requiring equal effort, skills, and responsibility
Any aggrieved party may file a complaint about discrimination based on gender and may approach an attorney who would be the best person to guide them on subsequent actions. Those who are discriminated against deserve the right to be represented correctly and for a fair trial.
However, as the opposite party is often giant corporations, there might be instances where the aggrieved party or the victim of gender discrimination might find themselves lacking. This gap would be best filled by a gender discrimination attorney.
Sometimes in the workplace, discriminatory practices might involve merely name-calling, hostility, and many indirect steps like being overlooked for promotions or not being made a participant in board meetings among other things.
Another possible trend that has been seen in gender discrimination lawsuits filed in the courts of law has been the potential for stereotyping based on gender. Across cases, even the Supreme Court has ruled that stereotyping of men and women and based on such attitudes discriminating between both genders is not a legitimate act on the part of anyone.
Often times circumstantial pieces of evidence can play a crucial role in such gender discriminatory practices at the workplace which a gender discrimination attorney will easily be able to decode.
Another risk that employees, especially female employees face in the workplace is retaliation. Any employee who complains against discriminatory practices often ends up facing retaliation at the workplace for becoming a whistleblower. A gender discrimination attorney will be the right person to advise you and also to a certain length prevent retaliatory practices such as demotion in an employment position, reduction of work pay or work hours, suspension from work, or even termination of the job.
A gender discrimination attorney would be able to draw a fine thread across various incidents surrounding gender discriminatory practices and be able to counsel the victims in an apt manner.
Legal Process That Can Be Employed By Victim
Before discussing the various legal recourse open to anyone who has been discriminated against at the workplace, one has to understand the potential complications that can crop up in a gender discrimination case.
For one it can be quite a tedious task to prove that gender discrimination actually happened in the workplace. Most cases of gender discrimination happen because of the ingrained thought processes of the perpetrator. This is often difficult to map as one wouldn’t have a tangible way of understanding how the mind works.
An expert attorney will be able to counsel you on the necessary steps to file a gender discrimination lawsuit. According to the Florida gender discrimination law, there are two steps that can be followed by an employee who has been discriminated against.
The claim must be filed within a specified duration with either of the redressal agencies and the gender discrimination attorney is the best person to guide one about who to approach. The FCHR comes in for cases where an organization is smaller in size while the EEOC covers organizations with more than 15 employees.
What Does A Gender Discrimination Attorney Do?
The attorney helps one record the various happenings of the case. Everything from recording the instances of discrimination, to helping you figure out the chronology of discrimination and also developing the case are the activities taken up by the gender discrimination attorney.
These attorneys are well versed with the timelines and deadlines that need to be followed in such cases and will be able to guide you in the best way possible to move forward in case of a claim being filed.
Typically, in a gender discrimination case, based on the counsel offered by the attorneys, the following are some of the steps that can be undertaken by the affected parties:
- One has to record each instance of discrimination one has been subjected to
- All evidence of incidents of discrimination along with the date and time and other details needs to be clearly compiled
- One has to carefully remember and write down details of all possible eyewitnesses who would help you substantiate your case of gender discrimination
- Records of all medical counseling sought for mental health impacted due to the discrimination at the workplace should also be kept well documented.
Benefits Of Working With Such An Attorney?
Often times seeking justice when wronged can feel like a protracted, elongated and lonely journey. You are left with no support system while facing opposition from well-oiled legal machinery or legal team sponsored by rich corporations.
Such instances call for collaborations with good gender discrimination attorneys who have handled such cases in the past and who have a proven track record of victories in the court of law in gender discrimination cases.
Victims have often reported feeling vulnerable facing an uphill task of convincing everyone that they were discriminated against. With a team of lawyers or even a single attorney standing next to one, there is constant support one gets both psychologically as well as legally.
Along with knowing both the federal laws as well as state laws the attorney would also stand against any unfair means undertaken by the employer or the attorneys of the opposition. Attorneys are also well trained to look for certain aspects of your case that you tend to overlook and bring to the fore such vital evidence that will work well to fortify your case.
Thus, in conclusion, we can say that in cases of discrimination, be it against women or men or the third gender, unscrupulous employers and guilty opposition have been known to take advantage of the victim’s limited knowledge of law and rights. Everyone who has been discriminated against has the right to an equitable representation and fair compensation and a verdict that gives them hope and delivers justice. This is where a gender discrimination attorney steps in.