Gender Discrimination Lawyers serving Bryan, San Antonio, Edinburg, Monterrey and surrounding areas
We fight on behalf of you and your loved ones to receive just compensation for your damages.
Gender Discrimination Attorney
According to the Pew Research Center, about four-in-ten working women (42%) in the United States say they have faced discrimination on the job because of their gender.
Gender or sex discrimination is a common civil rights violation that may include:
- Sexual harassment
- Pregnancy discrimination
- Unequal pay for women who do the same jobs as men
Unfortunately, many women experience these inequalities in the workplace. The state of Texas does not have a law prohibiting discrimination based on sexual orientation and gender identity. However, some cities, Austin is a great example, prohibit these forms of discrimination at the local level.
At the federal level, questions remain about whether these categories of discrimination are protected. The Equal Employment Opportunity Commission, the federal agency that enforces Title VII, currently accepts complaints based on both gender identity and sexual orientation discrimination. According to the EEOC, these types of discrimination qualify as "sex" discrimination under Title VII. This interpretation of "sex" discrimination is still being challenged through the court system and there is no final decision.
Federal Laws on Gender Discrimination
Gender and sex discrimination generally impacts women in the workplace. Women typically earn less and are not promoted as often as their male counterparts.
Specific federal laws have addressed gender and sex discrimination, including the following:
- Civil Rights Act of 1964: Title VII - Prohibits gender discrimination in the workplace
- Equal Credit Opportunity Act - Prohibits gender discrimination in credit application
- Fair Housing Act - Prohibits gender discrimination in the course of the sale, rental, or financing of housing
- Equal Pay Act of 1963 - Requires equal pay for equal work, regardless of gender
- Family and Medical Leave Act - Employees are given the right to take time off from work for an illness or to care for an ill family member
- Pregnancy Discrimination Act - Prohibits workplace discrimination against women who are pregnant, perceived to be pregnant, or who plan to become pregnant
- Title IX - Title IX of the Civil Rights Act, added in 1972, requires parity among educational programs with respect to gender
Examples of Sex Discrimination at Work
Do you believe you are being discriminated against based on your gender?
The examples below cover a few of the most common types of gender discrimination, but any potential case must be evaluated based on specific circumstances. The lawyers at Hernandez Law Firm are available to answer your questions and help you determine if you have a valid gender discrimination claim.
Please contact our office at: (956) 369-4480
You apply for a sales management position that will require you to be a main point of contact for the company’s clients. Although you have significant experience and are well-qualified, the company decides not to hire you because they believe that at least some of their clients prefer dealing with men in the course of doing business.
Condition of Employment
You have always dreamed of becoming a police officer. The local police department is hiring and the job description states that candidates must be able to lift 100 pounds, but you believe this ability is not relevant to perform that job and instead serves as a barrier for women to apply.
You are told that you are laid off due to company cutbacks and reorganization, while lesser qualified men in the same position and/or with less seniority keep their jobs.
You have worked in an administrative position at a company for five years and management has repeatedly denied you the opportunity to advance to a supervisor position which is the next level above yours, while men with less experience are promoted ahead of you. To make matters worse, some of the men who are promoted are men you trained.
You work at a large company where multiple job title and positions are available. After working in your position for a while, you recognize that most of the lower-level and lower paid jobs are held by women, while most of the higher paying positions are held by men. The lower-level positions also offer little opportunity for advancement.
Your company requires you to take your sick and vacation leave for time off due to pregnancy because your employer does not provide any disability leave for pregnancy. However, your company policy does provide disability leave to employees with other temporarily disabling health conditions.
For example, a male coworker took leave for several months due to a debilitating health condition. During his leave, he was able to utilize the benefits under the company’s disability plan.
You work your way up from an administrative position into management. However, after your promotion, the company hires another manager who is male. You find out later that despite the fact the you both have nearly equal qualifications, the company is paying him more than you.
Your boss is in a high-level management position in the company. He repeatedly makes unwelcome comments about your body and routinely touches you and puts his arm around you during work hours and in work meetings. Even though you tell him that his actions make you uncomfortable and request that he stop, he makes comments about your qualifications and indicates that your job may be in jeopardy. You now fear that you may lose your job if you say anything about your discomfort with his actions.
You apply for a position at a new company and get the job. Prior to your start date, you inform your employer that you are in the process of transitioning from identifying as a man, to identifying as a woman instead. In response, you get a call from your employer stating that the job is no longer available, yet you find out later that the position was filled by another person.
You are a saleswoman at a large retail department chain. You dress mostly in pants instead of skirts and dresses and your hair is cropped short. Even though you meet all of the demands of the job and sales quotas, your performance evaluations focus mostly on your lack of femininity. Men with similar traits who do not meet the demands of the position as well as you do receive above-average evaluations and are promoted are a result.
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How We Handle Your Case
Gather All The Evidence. We start every case by gathering all the available evidence, including witnesses, documents and all other available evidence. We also speak directly to any other potential victims and bring in experts if necessary, to understand the details of the termination.
We also gather evidence about your damages. We are experts at gathering the evidence required to build a powerful case and preparing it to present in trial so that a jury can understand and make a fair determination if the case goes to trial.
Calculate Damages. In order to receive just compensation for your damages, we must be able to prove those damages. Damages include lost pay, lost benefits, emotional distress, punitive damages and attorney fees.
We thoroughly review your case to determine the full extent of damages that may be available to you and we seek the maximum damages that you should be entitled. Our trial attorneys know how to present your damages to a jury in trial, if necessary.
Negotiate With The Defense. After we have gathered all the evidence and facts and calculated your damages, we will begin negotiating with the defense. Negotiating with the defense can be a very difficult and frustrating experience if you do not have experience with this process. Our firm generally files a lawsuit on our client's behalf and begins preparing for trial as soon as we begin a case. Filing a lawsuit right away sends a signal to the employer that they need to take this matter seriously. We do the best we can to negotiate, but at some point, negotiations cease and we move towards trial.
Go To Trial. Most of the time, wrongful termination cases settle, sometimes on the courthouse steps, so to speak, other times once evidence is presented. However, not every case can be settled with fair compensation because the employer and their counsel do not believe wrongful termination occurred, or that the case is as valuable as you do.
This is why it is extremely important to have a lawyer that has experience trying cases and is willing, ready, and able to do so on your behalf. Employers are well aware of who they are up against and they treat any settlement offers accordingly. If your lawyer is not experienced at trying cases, the insurance company will not take your case as seriously as they would if you hire an experienced trial attorney from the start.
We Take Gender Discrimination Seriously
Our lawyers take gender discrimination very seriously. Our firm is dedicated to getting you just compensation for your damages and will aggressively pursue your case from beginning to end, even if that requires a trial to verdict.
We recognize that gender discrimination cases often have significant consequences that affect victims and their families and loved ones in many ways. Loss of income, loss of benefits and emotional distress all have serious consequences.
When appropriate, we will hire experts and consultants to help evaluate the evidence to determine damages. We will take witness depositions and retain any experts to establish that wrongful termination occurred.
The lawyers at the Hernandez Law Firm represent clients from all over Texas. Our lawyers understand the details of federal laws regarding gender discrimination that may apply to your potential gender discrimination claim. Our lawyers have the experience and expertise necessary to determine the validity of a gender discrimination claim and pursue all appropriate claims and to recover all remedies and/or monetary compensation available.
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The Hernandez Law Firm provides practical solutions for our clients legal problems. The law firm has built its success by being responsive to client concerns and applying hard work with integrity to find creative legal solutions.