How to Sue Your Employer for Sex Discrimination

Sexual harassment is a form of unlawful sex discrimination.

Employment discrimination on the basis of sex is a violation of federal law as well as the laws of most states and municipalities. Sex discrimination can manifest in various forms, including treating one sex more favorably than another in employment decisions. Additionally, sexual harassment and discrimination against pregnant women are also violations of laws against sex discrimination. An employee who believes she is a victim must follow appropriate procedures to prosecute a claim of sex discrimination in the workplace.

Instructions

1. Collect evidence of unlawful sex discrimination. Evidence may include e-mail, audio recordings, letters, official personnel documents and witness statements of events supporting your claim.

2. Contact a state human rights commission or the United States Equal Employment Opportunity Commission to file a charge of sex discrimination. Under federal law, charges must be filed within 180 days of the discriminatory act. State laws may allow additional time for employees to file charges of sex discrimination.

3. Request a right to sue letter from the EEOC or the state human rights commission. A right to sue letter is required before you are permitted to file a civil action against your employer in state or federal court.

4. Draft a civil action complaint against your employer setting forth a complete statement of allegations of sex discrimination. The complaint also should include a request for remedies and a demand for a jury trial.

5. File the civil action with the clerk of the court and pay any filing fees.

6. Retrieve a completed summons from the clerk of the court once the civil action complaint is processed.

7. Serve a copy of the complaint with a summons to your employer via certified mail or through the use of a professional process server.

Tips & Warnings

• This article is not intended to be legal advice. If you require legal advice, you should consult an attorney.

References

• American Bar Association; An Overview of Employment Discrimination Issues In Employee Benefits Litigation; Ian H. Morrison and Karen Osgood; May 2009
• United States Equal Employment Opportunity Commission: Filing a Charge of Discrimination
• United States Equal Employment Opportunity Commission: Enforcement Guidance on Sex Discrimination in the Compensation of Sports Coaches in Educational Institutions