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What is a gender discrimination lawyer?

Find out what a gender discrimination lawyer is, how they can protect your rights, and why it might be worth it to hire one.

evident Editorial Team
December 1, 2023
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A gender discrimination lawyer, or a gender discrimination attorney, is a legal professional who specializes in handling cases where an individual has been mistreated due to gender. These lawyers are well-versed in employment law, federal and state laws, and various acts like the Equal Pay Act, the Civil Rights Act, and the Pregnancy Discrimination Act that protect individuals against gender discrimination.

In this article, we'll talk about what a gender discrimination lawyer is, why you may need one, and how they can help protect your rights under the umbrella of employment law.

Additionally, we'll delve into some specific instances of sex and gender discrimination in the workplace to better illustrate these injustices.

Key Takeaways

What is Gender Discrimination?

Unfortunately, many individuals in the workplace face the reality of unfair and unequal treatment based on their sex or gender, which is known as gender discrimination or sex discrimination. It is important to note that this type of discrimination is illegal under both state and federal laws.

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Under Title VII of the Civil Rights Act of 1964, it is illegal for employers to discriminate against employees based on their sex. This includes discrimination in various aspects of employment including hiring, firing, pay, job assignments, promotions, layoff, training, benefits, and other employment conditions. Discrimination can also include sexual harassment and unfair treatment of individuals due to pregnancy, childbirth, or related medical conditions.

It is important to note that these protections apply to all employees and job applicants, regardless of their gender identity or sexual orientation.

Examples of Sex and Gender Discrimination in the Workplace

Gender discrimination can surface in numerous ways in the workplace.


Here are some examples:

  1. Disparity in Hiring: If a job applicant is not hired because of their sex or gender, despite being the most qualified candidate, it is a form of gender discrimination.
  2. Unequal Pay: Women being paid less than men for doing the same job, despite having the same qualifications and experience, is a prevalent example of gender discrimination.
  3. Sexual Harassment: Any unwelcome sexual advances or conduct that creates a hostile work environment are discriminatory.
  4. Pregnancy Discrimination: If a woman is treated unfavorably due to her pregnancy, childbirth, or related medical conditions, it falls under gender discrimination, as protected by the Pregnancy Discrimination Act.
  5. Retaliation: If an employee is demoted, fired, or faces negative consequences for reporting sexual discrimination or participating in an investigation or lawsuit, it is a form of illegal retaliation.

These are just some instances where a gender discrimination lawyer can provide legal support and representation to fight against these unfair practices.

What is the Role of a Gender Discrimination Lawyer?

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Gender discrimination attorneys play a pivotal role in defending the rights of those who face discrimination. Their duties often include:

  • Interpreting and applying laws to their client's situations.
  • Providing legal advice.
  • Representing their clients in court.
  • Negotiating settlements. 

Although "gender discrimination lawyers" and "sex discrimination lawyers" are frequently used synonymously, it is crucial to recognize that these lawyers may also handle cases related to discrimination based on gender identity and sexual orientation, in addition to biological sex.

When Do I Need a Gender Discrimination Lawyer?

If you feel that you have been subjected to gender discrimination in the workplace, seek guidance from a gender discrimination lawyer. This can include instances where you have been treated unfairly because of your gender identity, sexual orientation, or sex, have been a victim of sexual harassment, or have noticed a pay disparity between yourself and a colleague of the opposite gender, despite having similar job responsibilities.

Consulting with a gender discrimination lawyer can prove to be highly beneficial, as they can offer valuable insights into whether you have a viable gender discrimination case. They can also assist you in filing a complaint with the Equal Employment Opportunity Commission (EEOC), the federal agency responsible for enforcing laws relating to workplace discrimination. Additionally, if your case proceeds to court, they can provide representation.

In situations where you have suffered financial losses as a result of discriminatory employment decisions or have faced retaliation after reporting gender discrimination, seeking legal advice from a gender discrimination lawyer is even more crucial. They can help safeguard your rights and pursue the justice and compensation you rightfully deserve.

Legal Options for Gender Discrimination Cases 

Gender discrimination is unlawful under federal and state laws, providing several legal avenues for victims to seek justice.

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  1. Filing a Complaint with EEOC: The Equal Employment Opportunity Commission (EEOC) enforces federal laws against discrimination. Victims can file a Charge of Discrimination, a signed statement asserting the employer engaged in discriminatory practices. The EEOC investigates these charges and can mediate a settlement or pursue litigation if necessary.
  2. Litigation: Victims can sue if the EEOC investigation doesn't resolve the dispute. A gender discrimination lawyer provides crucial representation, helping you navigate complex legal procedures.
  3. State Laws: Different states have specific laws and protections against gender discrimination. Victims can file complaints with state enforcement agencies.
  4. Settlements: In some cases, employers may agree to settlements, which can include compensation for lost wages, job reinstatement, or policy changes in the workplace to prevent future discrimination.

Remember, understanding your legal options is paramount in combating gender discrimination. A skilled gender discrimination lawyer can guide you through these processes, ensuring your rights are fully protected.

Gender Discrimination FAQs

What is an Example of Gender-Based Harassment?

Gender-based harassment involves any unwelcome conduct based on an individual's gender. This can include offensive remarks about a person's sex, belittling comments about the traditional roles of a particular gender, or sexually suggestive comments or behaviors that create a hostile work environment.

How Do You Deal with Gender Discrimination in the Workplace?

If you encounter gender discrimination, it's crucial to document all incidents in detail. Speak to a supervisor or HR representative about your concerns. If the company fails to address the issue adequately, contact a gender discrimination lawyer. They can advise you on filing a complaint with state enforcement agencies or the EEOC and guide you through potential litigation or settlement processes.

The Bottom Line

Understanding gender discrimination and its forms is the first step to eradicating this issue from workplaces. Remember, you have legal rights and protections against such discriminatory practices, and a gender discrimination lawyer can be your strongest ally in this fight.

If you or someone you know is facing gender discrimination, don't hesitate to seek legal advice. Upholding equality in the workplace is not just a personal concern—it's a societal responsibility we all share.