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Preventing Gender and Sexual Orientation Discrimination
As an employee in the United States, you have the right to be treated as well as any other employee, no matter what your gender identity or sexual orientation is. Anti-discrimination laws prevent employers from discriminating against anyone in the hiring, firing, or promotion process. Similarly, your coworkers cannot harass you based on your gender or your sexual orientation. Unfortunately, these laws are not always upheld in the workplace, which is why you may need to seek help from an experienced employment law legal team.
If you have been discriminated against, you have the right to seek legal action against your employer without the fear of retaliation. Our team at Riggan Law Firm, LLC, can help you learn more about your rights and how you can protect yourself in the event of an employment law dispute. For more information about our services and experience, contact our office today by calling 314-528-9661.
What is Gender Discrimination?
Gender discrimination describes an employer discriminating against you because of your gender identity. Under Missouri law, an employer cannot treat any employee differently because of their gender. Gender discrimination is often perpetrated due to personal or societal notions about how gender “should” look, what gender is, and how gender is performed in the workplace.
Employers are not allowed to discriminate based on an employee’s gender regarding the following:
- Compensation
- Benefits
- Job assignments
- Training
- Hiring
- Firing
- Discipline
- Layoffs
Gender discrimination can be isolating and may limit the ways in which individuals feel able to express themselves in the workplace. While gender discrimination can happen to any gender, many women, non-binary people, and gender non-conforming people face unfair discrimination at work. Intentionally and repeatedly using the wrong name or pronouns for an employee may also contribute to a hostile work environment. If you have experienced gender discrimination, contact our team today to learn more about your rights and how you can pursue legal action.
What is Sexual Orientation Discrimination?
Sexual orientation discrimination is any discrimination in the workplace due to an employee’s sexual orientation. This can include actual or perceived heterosexuality, homosexuality, bisexuality, or other sexuality.
Sexual orientation cannot be accounted for in the following factors:
- Recruiting
- Hiring
- Training
- Layoffs
- Promotions
- Benefits
- Termination of employment
- Salary or wages
- Demotions
Similarly, employers cannot subject an employee to a hostile work environment or workplace harassment. Offensive or derogatory remarks, crude jokes, or innuendos can constitute harassment in the workplace. Harassers can be a victim’s supervisor, co-worker, client, customer, or executive.
If you work in the private sector or a state or local government, you can file a discrimination complaint by going through the U.S. Equal Employment Opportunity Commission (EEOC). If you work in the federal government, you can contact an EEO counselor at your agency. You can also contact our team to begin the process of taking legal action, such as filing a lawsuit against your employer. For more information about your legal options, contact us today.
What is Compensation Discrimination?
Both Missouri state law and the federal Equal Pay Act dictate that an employer must compensate employees without any regard to their gender. This includes all forms of compensation, including the following:
- Salary or hourly wages
- Overtime pay
- Stock options
- Life insurance
- Profit sharing
- Bonus plans
- Expense accounts
- Vacation and holiday pay
- Reimbursement for travel
- Other benefits
Differences in pay are only acceptable when they are based on the employee’s merit, quality of production, seniority, or other factors that do not include their gender. The skill, responsibility, working conditions, effort, and establishment of the job are also used to determine if your employer can pay you differently. If you believe that you have been discriminated against regarding your compensation, our team can help you pursue legal action.
What is Pregnancy-Based Discrimination?
Pregnancy-based discrimination is a specific type of discrimination that is illegal under the federal Pregnancy Discrimination Act (PDA). Employers cannot discriminate based on maternity leave, pregnancy, childbirth, or related medical conditions. This includes hiring, firing, training, job assignments, salary, and benefits.
For instance, there are some occasions when female employees are not promoted because employers believe they will get pregnant and either quit or take maternity leave. Pregnancy discrimination can also occur when female employees are wrongfully terminated after informing their employer that they are pregnant. This type of discrimination can be devastating to new parents, especially those who rely on their employer for health insurance. Many female employees who are wrongfully terminated must forego proper medical care because of wrongful termination, leading to dangerous situations for both mother and baby.
If you have been discriminated against due to pregnancy, you may be able to sue your employer for lost wages, emotional distress, and other factors. Pregnancy discrimination is illegal under both state and federal law, so courts take it very seriously. Our team will review your case to determine your options and the best path forward to get the justice you deserve.
Can an Employment Law Lawyer Help Me?
Facing discrimination on the basis of your gender identity or sexual orientation can be a frustrating and disheartening experience. Whether your employer has docked your pay, refused to give you job assignments, or even terminated your employment, an employment law lawyer on our team can help you determine your legal options and protect your legal rights under state and federal law. You deserve to feel safe and respected in your workplace without fear of harassment, discrimination, or retaliation due to your gender or sexual identity. Our team at Riggan Law Firm, LLC, is here to help you bring your employer to justice. Contact our office today by calling 314-528-9661 for more information.