How to Prove Gender Discrimination
Gender discrimination can happen to anyone, anywhere in any profession. Examples of discrimination include discrepancy in salary, bias in promotion and hiring practices or sexual harassment. Employers are required to have a procedure for employees to use when they feel that they have been victims of gender discrimination. Consult your human resource department, employee handbook, co-worker, or if possible, your supervisor to understand how to file a gender discrimination complaint at your job. When you understand how to file, then you will need to prove your case.
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Instructions
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Steps To Prove Gender Discrimination
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Contact an attorney immediately after the discrimination occurs. The attorney can help you determine what kind of discrimination you are facing, how strong your case might be, and if you have any choices or recourse. The best kind of attorney for gender discrimination is a civil rights attorney.
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Write down all that happened as soon as you can. This will be the most important thing you do for yourself and your case. Include every detail, including what was said and to whom it was directed. Document the date and time that the harassment occurred, and where you both were when the gender discrimination occurred.
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Talk to any witness that may have seen or heard anything that could strengthen your case. Ask witnesses to write down what they saw or heard, including, dates, times, places, and other details. Make copies of all communications and let your attorney see these notes as soon as possible.
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Collect all documents pertaining to your case. Keep copies of witness statements, your statement that will be sent to your employer, and any records that pertain to this case. Put these documents in a secure location. You should be the only one that knows where these statements are hidden. Do not keep them at work.
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Talk to co-workers that you suspect may have been harassed like you. If it occurred to you, odds are that this person has harassed before and no action was taken.
Follow up and Deadlines
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Review your personnel file. Everyone is allowed to see what is inside their personal file. You may make copies of anything that is in that file or view the entire file.
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Give your complaint to your boss and then contact the Equal Employment Opportunity Commission (EEOC). All states vary in the number of days you have to file with the EEOC. Talk to your lawyer since she would know the time constraints.
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Firing or any other kind of retaliation is against the law after you file a gender discrimination complaint. Discrimination can take the form of a pay cut or demotion. If your workplace has a union, consult its grievance policies.
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Tips & Warnings
Be sure you are comfortable with the attorney you hire since this can be a sensitive issue.
You must file a complaint with the EEOC before you can consider a lawsuit.
References
Resources
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