Stuart Employment Law Attorney
According to the U.S. Equal Employment Opportunity Commission (EEOC), sex-based discrimination (gender discrimination) occurs when someone is treated less poorly because of their gender. Discrimination can also happen when an individual is treated poorly because he/she is associated with an organization or group that is connected to a specific gender. Under Title VII of the Civil Rights Act of 1964, transgender employees may be victims of gender discrimination. Additionally, EEOR recognizes that same-sex discrimination is actionable under Title VII. Sex-based discrimination isn’t related to the gender of the plaintiff or the gender of the defendant; it’s based on whether or not the plaintiff was treated unfavorably because of his/her sex.
Title VII and Disparate Treatment
The term “disparate treatment” is a theory discussed in Title VII of the Civil Rights Act of 1964. Disparate treatment occurs when an individual is targeted for harassment or discrimination because he/she is a member of a protected class. Protected classes include:
According to Title VII, individuals who receive disparate treatment because of their sex are victims of sex-based discrimination. Disparate treatment is filed when the plaintiff is treated unfavorably because of his/her sex by an individual of the opposite sex. Although EEOC acknowledges same-sex discrimination, disparate treatment usually occurs when the defendant is not a member of the plaintiff’s protected class.
In order to file an employment-based disparate treatment lawsuit, the plaintiff must be able to demonstrate that he/she 1) a member of a protected class, 2) was qualified for the job, 3)was treated unfairly in the workplace; and that 4) his/her employer treated an individual favorably who was outside of the plaintiff’s protected class. According to the United States Department of Justice, unfavorable treatment can be related to hiring, firing, promotions, demotions, suspension, reassignment, and training opportunities.
Gender Discrimination and Sexual Harassment
According to EEOC, sex-based discrimination includes sexual harassment. Sexual harassment occurs in the workplace when an individual is harassed because of his/her gender. Sexual harassment can take many forms. EEOC does not prevent joking, teasing, or offhand comments; but repeated instances of sexist jokes and offensive comments may be grounds for a sexual harassment lawsuit. Additionally, sexual harassment does not have to be personal; making an offensive remark about women in general in front of a female coworker could qualify as harassment. Other forms of harassment include:
- Inappropriate touching
- Unwanted sexual advances
- Requests for sexual favors
- Verbal harassment
- Physical harassment
Although most sexual harassment cases involve men and women, harassment occurs between members of the same sex as well. This type of gender discrimination is grounds for a claim or lawsuit. If you are the victim of sexual harassment in the workplace, contact our Stuart employment law attorneys to see what Crary Buchanan can do for your case.
Are you a victim of gender discrimination in Stuart, FL?
Contact a lawyer from our firm today if you have suffered sexual harassment or disparate treatment because of your sex or any other type of gender discrimination. We believe that employees have the right to a safe work environment. If your work environment is hostile because of gender discrimination, our legal team can help you stand up for your rights in court. At the firm, always strive to reach a high level of legal professionalism in our work in order to give our clients the best legal representation that the firm can offer. With a topnotch lawyer on your side, you can have peace of mind that your case is in good hands. Contact us today!