Sex and Gender Discrimination Lawyer Nashville
Being the victim of sex or gender discrimination in the workplace is degrading and humiliating. It is also illegal. The good news is that you can do something about it. The Employment and Commerce Law Group in Nashville can help.
Thanks to the Me Too Movement and LGBTQ rights groups, Americans have a heightened awareness of the frequency of sex and gender discrimination in today’s workplaces. But the fact remains that job discrimination based on sex and gender is everywhere, Tennessee included.
At the Employment and Commerce Law Group, our dedicated sex and gender discrimination lawyers are allies in the fight. Reach out to us for a free consultation to discuss your case. We have the knowledge and resources to represent you compassionately while demanding the fair treatment you deserve.
All consultations are private and confidential. Contact us today to get started.
What is Sex and Gender Discrimination?
All workers are entitled to fair treatment from their employers, regardless of their personal characteristics and preferences. When those rights are violated, they are the victims of discrimination.
Title VII of the federal Civil Rights Act of 1964 prohibits workplace discrimination based on sex as well as race, color, national origin and religion.
Tennessee laws also make gender discrimination unlawful. The Tennessee Human Rights Act (THRA) makes it illegal for employers with more than eight workers to discriminate against a person based on their sex or gender.
When Title VII was written, the term “sex” applied to men and women based on their sex at birth. Today, the federal Equal Employment Opportunity Commission (EEOC) has expanded that protection to include lesbian, gay and transgender employees. For that reason, “sex discrimination” and “gender discrimination” are generally used interchangeably when it comes to the law.
Types of Gender Discrimination
There are many possible ways that an employer could engage in sex discrimination. Examples include:
- Unfair hiring practices: A qualified applicant cannot be discriminated against during hiring based on his or her sex, gender or perceived sexual orientation.
- Missed promotions: A woman who is overlooked for a promotion that is given to a man despite her better qualifications and higher rank may have a valid gender discrimination claim.
- Firing/demotions: Although Tennessee employers retain the right to fire at will, that does not apply if the employee is protected under Title VII. For example, a woman who is terminated or demoted from her job for needing to attend to matters after childbirth (e.g., breastfeeding or pumping) could be the victim of pregnancy discrimination.
- Wage gap: Women have historically been paid less than men. However, the Equal Pay Act of 1963 says that men and women should be given equal pay for equal work. Those who are not fairly compensated may be able to recover lost income through a successful gender discrimination claim.
- Benefits: Employers have been known to limit benefits coverage women solely on the basis of their gender.
- Work assignments: Being routinely passed over for important work assignments could be a sign that you are being discriminated against.
- Poor performance reviews: Employers may retaliate against employees by giving them negative annual reviews. These types of gender discrimination claims can be particularly hard to prove, so talking to a knowledgeable attorney will be key in determining whether you have a claim.
Although there is much focus on women and sex discrimination in the workplace, it’s important to remember than it can also happen to men.
The bottom line: Male or female, you have the right to be treated equally at work.
Anyone who believes that they are being treated differently can — and should — hold their employers accountable for such unfair practices. You can count on the Employment and Commerce Law Group to help you do that.
How to Prove Discrimination for Gender and Sex in Nashville
Proving gender discrimination is challenging. Employers don’t typically announce that they are treating someone differently. It occasionally happens, and with detailed evidence showing that you were snubbed intentionally due to your sex, you could have a winning sex discrimination claim.
Much more often, successful gender discrimination cases depend on circumstantial evidence. Then, you will need to build a prima facie, or indirect discrimination, the case against your employer.
To prove an indirect discrimination case, you must:
- Establish that you are in a protected class
- Provide proof that you were the victim of an adverse employment action (e.g., being denied a promotion) despite performing your job reliably and well
- Show that the employer either promoted someone that is not in a protected class, hired someone with experience identical or similar to yours or continued to look for someone else to fill the position
After these facts of the case are established, it is then up to the employer to prove that the employee was not denied based on bias. If they do not have a valid reason, and you can show that you were qualified for a position, it will greatly help you prove your discrimination case.
Case Settlements for Gender Discrimination in Nashville
Most gender discrimination lawsuits settle out of court. Discrimination victims can recover damages such as:
- Back pay: This is the value of lost wages and fringe benefits from the date of discrimination up to the time the claim is resolved.
- Front pay: Employees who are fired and cannot be reinstated to their former job may be entitled to front pay that would make them “whole,” as if they were never terminated.
- Emotional distress: You can be compensated for the mental suffering that you endured as a result of the discrimination.
- Punitive damages: These damages can be awarded to punish the employer for the discriminatory conduct.
- Attorneys’ fees: The winning side’s legal costs are covered by the losing side.
How Can the Employment and Commerce Law Group Help Me?
The Employment and Commerce Law Group does not tolerate discrimination in any way, shape or form. Our attorneys fight for the rights of marginalized employees so that they are treated fairly according to the law.
A gender discrimination claim begins by filing complaints with the EEOC and the Tennessee Human Rights Commission. Our attorneys can help prepare those complaints for you. Because there are strict filing requirements for claims, it’s best to contact us as soon as possible to start the process.
If the EEOC determines that you have the right to sue, our legal team can prepare a strong gender discrimination claim against your employer that demands full and fair compensation for you.
Your first step is to arrange a free case review with one of our sex and gender discrimination lawyers. There’s nothing to lose by learning your legal options.
Call or contact us today to schedule your free consultation.