Over past decade there has been considerable decrease in discriminatory practices in the workplace against some groups. But this doesn’t mean that discrimination is over. In fact it has increased several folds in other forms. However, not all employees are discriminated in the hiring process but some of them definitely face discrimination. One modern day common discrimination practice is related to gender. Nowadays certain departments of the workforce are attributed to certain genders which are considered experts in their fields. An example is that a man cannot fit in a daycare center while a woman can hardly work as a bouncer in club. Well, we put the gender debate aside. Let’s look at this through the legal lens. Should an employer discriminate you on the basis of gender. Is it legal? Well, it is not and it can result in a lawsuit.
What is gender discrimination?
Gender discrimination is different treatment of a particular employee on the basis of gender by lowering the pay, denying promotion or denying the job position right away. So, if you have been discriminated on the basis of gender, the next step is to demonstrate it. The demonstration should center around the fact that the plaintiff was eligible for the job position but the only factor which kept it away from him or her was gender discrimination. This part is the hard one to get through. A brilliant lawyer such as Strianese Huckert LLP can help you get through it smoothly.
Types of discrimination
If the discrimination is against a particular person, it is dubbed as individualized discrimination and if it is against an entire group then it is systematic. In other words if the discrimination is integrated in the system to target a particular group, it is systematic.
Is suing an employer for gender discrimination easy?
Most of the people think that suing an employer is a piece of cake. But it is not as simple as they think. There are lots of minute details to take care of. Some of the details are simple while others are extremely complex. That’s where you need an expert to deal the case on your behalf. If you are a part of the company and are denied promotion, it is a bit easier to sue and defend. But if you are suing for discrimination over hiring practices, it gets hard because you are someone who is an outsider and who is suing a company simply because he or she was not hired.
To prove discrimination you have to gather and present solid evidence of discriminatory practices. You might not know which evidence works or not but a professional lawyer does know. Evidence can be the key to winning the case. Some evidences are direct such as ‘No Women Wanted’ on the advertisement while some are circumstantial for which you need to create a presumption of discrimination. So, all this process is a bit hard. That’s why you should hire an attorney to deal with it for a positive output.