Sex discrimination occurs when an employer treats an applicant or an employee less favorable based on that person’s sex. Such discrimination may also include pregnancy, childbirth, gender identity, etc. Though sex discrimination can affect anyone, it mostly happens to female sex at the workplace. The truth is that the issue of discrimination still holds back, though many women prove to have the same skills and equally perform all men’s duties. In most cases, you find men and women working in the same position but getting different payments. Meaning, there is no equal pay for equal work. This brings about the Federal law’s effectiveness that prohibits employers from discriminating against employees when hiring firing or any other condition of employment, such as pay raise, fringe benefits, or promotions.
If you are a job applicant or an employee who believes in having been discriminated against due to your sex or gender, you may have a sex discrimination claim.
Understanding Sex Discrimination
According to the Equal Employment Opportunity Commission (EEOC) guidelines, an employer should perform a background check without discrimination. Such laws vary depending on how each state defines them. In California, an employer cannot discriminate based on sex unless where there is a permissible defense. Sex discrimination also happens to applicants and employees based on their sexual orientation, such as homosexuality or transgender status. The fact is that an employer who discovers a job applicant or an employee’s sexual orientation in a background check should not take any adverse action against them based on the information they get. For instance, you may have been denied a promotion, and you think your employer did so because you are a female. If other male employees are being promoted, you may have a reason to argue.
Most employers discriminated against job applicants or employees without putting much weight on the California background check laws. When this happens, then the employer should face the law. In most cases, it not easy to prove sex discrimination, you must provide the right evidence. To win in your claim, you have to prove that you and the opposite sex employee:
- Work in the same place
- You do the same job. The duties performed should be the same; the issue about job description titles may not matter in this case.
- You are not receiving the same pay.
It’s worth noting that an employer can pay a worker a higher pay if they have increased productivity. But in such cases, it’s always advisable to have a legal representation to help you evaluate whether your claim is valid. Your employer may argue that the wage difference results from the other job applicant being more qualified or an employee having more experience. If this is proven, your claim is denied.
Filing Your Sex Discrimination Claim
One of the common questions asked by the applicants and employees is, “how do I prove sex discrimination?” Any success of a sexual discrimination case depends on your case circumstances. Meaning, you have to show that your employer discriminated against you based on a protected class. This way, you can have reasonable grounds to claim that your employer’s practice had a negative effect on a particular group. It’s rare to find direct evidence to show the court why you believe there is sex discrimination. For instance, your employer may not say that he/she cannot promote women. In such a case, you may need to provide circumstantial evidence to prove that you were discriminated against because of being a female. Thus you may need to show that:
- You belong to a protected class.
- You never got promoted while your counterparts received their promotions.
- You were qualified for the promotion.
If your employer promoted another employee whom you had the same qualifications or who was not even in a protected class, you might have a strong claim. To win such a claim, your employer should be in a position to prove that their decision was legitimate and that they never had any bad intention for the decisions they made. You must be able to show that the reason is false and that it had a discriminatory intent.
Working With A Qualified Employment Lawyer
Sex discrimination cases prove to be quite complicated. Before taking legal action because you have not been promoted, it’s better to seek help. You can ask your employer about the reasons why you never got the promotion. Your manager should be in a position to explain the reason why. If there is a mistake, they should be given a chance to rectify it. If your manager is not able to explain why you may choose to look for a qualified employment lawyer to help you get a clear picture of how to deal with the matter. Your lawyer can help you file a charge of discrimination and, later a lawsuit.
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