Newark Gender Discrimination Attorneys
In the workplace, discrimination based on sex is prohibited under both state and federal law. This includes treating an employee or an applicant unfairly because of his or her sexual orientation, gender identity, or transgender status. Victims of this type of behavior can file a claim against their employer with either the Ohio Civil Rights Commission (OCRC) or the Equal Employment Opportunity Commission (EEOC) and request reinstatement, back pay, or compensation for out-of-pocket losses, including legal fees. To speak with our Newark gender discrimination attorneys about filing your discrimination claim, please contact our law office today.
What is Gender Discrimination?
Gender discrimination is a type of sex discrimination that occurs when a person is treated unfairly or unequally because of his or her sex. Claims of gender discrimination are often accompanied by allegations of sexual harassment, which includes both verbal and physical harassment. Aside from sexual harassment, discrimination often takes the form of:
- Failing to promote someone because of his or her gender;
- Paying a person less because of his or her gender;
- Asking members of one gender different questions during the interview process;
- Terminating a person based on gender bias; and
- Failing to hire an applicant because of his or her gender.
Legal Protections Under Title VII
Over the last few years, some courts have attempted to grapple with the issue of gender discrimination. While many lower courts have rejected the claims of employees, stating that Title VII of the Civil Rights Act does not actually cover sexual orientation, the EEOC issued an opinion in 2016, in which it definitely stated that gender, as well as sexual orientation, is inherently a sex-based consideration and so falls under the protections offered by Title VII.
State Law Protections
Besides being protected by federal law, employees in Ohio are protected from being discriminated against when it comes to pay. These protections are offered under the Ohio Fair Employment Practices Act, which explicitly forbids wage discrimination on the basis of sex. This statute also makes it unlawful for a person to aid, coerce, compel, or incite discriminatory acts, or to even attempt to commit a discriminatory act. This protection, which is unique to Ohio and is not provided under federal law, ensures that all parties who are involved in discriminatory workplace practices are held accountable for their actions, including business owners, supervisors, and fellow employees.
The OCRC investigates claims based on gender discrimination in Ohio. If a violation of these laws is committed, the agency attempts to settle the matter through negotiation. If these attempts fail, the OCRC then conducts a formal administrative hearing and adjudicates the claim. Employers who are found in violation of anti-discrimination laws can be required to compensate the wronged parties for back pay, out-of-pocket costs, court fees, and can even be required to reinstate an employee to his or her former position.
Contact a Newark Gender Discrimination Attorney for Legal Assistance
Please contact the dedicated legal team at Marshall & Forman, LLC by calling (614) 463-9790 to speak with an attorney about filing a gender discrimination claim against your employer.