Gender & LGBTQ Discrimination

What is Gender Discrimination in the Workplace?

Gender discrimination occurs when an employee is treated differently at work due to their gender.

Have you been:

  • Rejected for an employment opportunity for your gender?
  • Fired from your current position due to your gender?
  • Forced to work in an environment hostile to you because of your sex or gender?


You may be a victim of gender discrimination in the workplace.

Here are some examples of gender discrimination in an employment situation:

  • Applying for a job for which you are thoroughly qualified, only to be turned down because the company’s clientele is more comfortable dealing with males or females.
  • Being laid off, the explanation being company reorganization and cutbacks, yet men that have the same job as you with less experience are able to keep their jobs.
  • Working for a company over the course of several years, making several accomplishments and receiving only positive reviews but you are turned down every time you apply for a promotion in favor of a less qualified man.
  • Spending time working your way up the corporate ladder, when a new hire who is not your gender, just hired, receives a job in your position, making more money than you.
  • Being told your employment position will be downgraded with less pay after telling your company you cannot work as much overtime after having a baby. Meanwhile, male workers in your same position can cut back on overtime for other personal reasons

There are Laws in Place to Protect You

There are federal laws that protect employees from being discriminated against because of their gender, when it comes to hiring, firing, raises, promotions and many other types of employment opportunities. Most states also have laws in place to make gender discrimination illegal. All state and local governments, private employers, and educational institutions that currently employ fifteen or more people are subject to these laws.

You do Not Have to Feel Powerless

First, do not be afraid to speak up. The first step in addressing the issue is letting whoever is offending you know that you find their conduct offensive. If this does not curtail the issue, turn to your company’s procedures. Many companies have detailed plans to handle sexual harassment issues. If your company has one of these in place, follow it exactly, within all of the time limits set out in the company policy.
In the case that there are no set procedures to deal with gender discrimination in the work place, bring up the issue to your immediate supervisor. If it is your supervisor that is causing the issue, report the matter to their immediate superior. Record every episode of harassment, any complaints you have expressed, and any other related incidents, include times, dates, what was said and the people involved.
Employers also must not keep any portion of your tips. All tips belong to you, not your employer. Exceptions include tip pools, where tips are shared among kitchen and wait staff, as long as your employer does not take a portion of the tips.

When it is time to Litigate

To sue for gender discrimination in the workplace, you do not need to bring physical injuries to show to the court. Your most common injuries in such a court case are emotional. A successful gender discrimination case can allow you to be reinstated to your job, can issue back pay if you have lost money or been turned down for a raise, you can receive damages for emotional distress, money to cover your attorney’s fees and court costs, and/or require that your employer start policies or training to put an end to harassment.

We Can Help You

We believe that victims of gender discrimination in the workplace deserve a voice and a day to be heard. No longer should employees in hostile environments be made to feel that “this is just the way things are.” I have been practicing law that defends the little guy since I graduated from Loyola Law School in 1989. Our office, which includes myself, our paralegal, our Spanish department and our law clerk have been delivering justice to discrimination victims on the job since we opened in 1999.

We work to be your partner in this matter and to empower you to attain what you justly deserve, no matter how big your employer is or what your position is. We are experienced, savvy, and knowledgeable about state and federal employee discrimination laws and we will sit down with you and explain in an easy to understand way the next steps you will have to take to win your case. We are always empathetic and we believe in what we do. Please call us today if you feel as though you have been discriminated against because of your gender, and we can start the process of bringing you justice immediately.

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