Under Tennessee and federal law, there are multiple types of gender discrimination in the workplace. Gender based discrimination in the workplace includes paying an employee more due to their gender, giving an employee more promotional opportunities due to their gender, and basing hiring and firing practices on gender.
If you believe that you have been a victim of gender-based discrimination in the workplace, contact a Chattanooga gender discrimination lawyer. An experienced workplace discrimination attorney could help you strategize the most suitable way to emerge with a positive outcome.
Laws Against Gender-Based Discrimination in the Workplace
The two main laws against gender discrimination are the Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964.
Equal Pay Act of 1963
Under the equal pay act, no employer can pay employees who are working a job that requires the same effort, skill, and responsibility, differently based on their gender.
Title VII of the Civil Rights Act of 1964
Title VII of the Civil Rights Act of 1964 stipulates that employers cannot discriminate on employees based on sex, race, color, religion and national origin.
What Qualifies as Gender Discrimination?
Under Chattanooga employment law, any violations of the Equal Pay Act or the Civil Rights Act as it pertains to gender would be considered gender-based discrimination. This also includes sexual harassment, which is a common type of gender discrimination that Chattanooga gender discrimination lawyers see in these claims.
Sexual Harassment in the Workplace
Sexual harassment refers to sexually inappropriate behavior. Sexual harassment includes unwelcome touching, sexual comments, and general flirtation when an employee has not explicitly given consent to such advances. Chattanooga gender discrimination lawyers could attest to the fact that sexual harassment in the workplace often creates highly hostile work environments.
Difficulties in Gender-Based Discrimination Cases
Under both federal and state law, the most difficult thing to prove in gender-based discrimination cases are establishing the employer’s mindset. For any claim, you must prove the employer’s intent, and while the employee may claim gender-based discrimination, the employer will typically deny any malpractice or malintent.
Due to this reason, such cases are based heavily on circumstantial evidence. Chattanooga gender discrimination attorneys typically find themselves deeply investigating documents, text messages, emails, witness statements, and any other types of evidence which can help them prove that gender-based discrimination took place.
Disparate Impact Cases
A disparate impact case is a case whereby an employer institutes a company-wide policy which has a discriminatory effect. If employees of one gender were discriminated against as a result of employer’s policy even if it was unintended, this policy could still be considered gender-based discrimination.
Consulting a Chattanooga Gender Discrimination Attorney
If your employer has treated you in a way that you believe may be due to your gender, speak to a Chattanooga gender discrimination lawyer could protect your rights and obtain the justice you deserve.