Advocating For Your
Workplace Rights
And Interests

How do you prove gender discrimination in the workplace?

On Behalf of | Jan 17, 2022 | Workplace Discrimination |

While discrimination in the workplace is illegal, it is unfortunate that thousands of cases are still reported each year throughout the country. 

Gender-based discrimination happens when an employer refuses to hire you, treats you unfavorably, or dismisses you from your role because of your gender. Every employer has a responsibility to create a discrimination-free work environment. And every employee is entitled to a working environment that is devoid of discrimination or harassment based on their gender. 

Proving gender-based discrimination in the workplace

While gender discrimination may not be as straightforward as your employer declaring that they can never promote a woman, you can document and provide circumstantial evidence to prove unfair treatment based on your gender. Remember, most discrimination claims heavily rely on the decision-making process as well as the decision maker’s motives. 

Keeping a diary of sexist remarks can go a long way in helping you argue your discrimination claim. It is important that you write down who made the discriminatory remarks, when and where they made them, as well as anyone who witnessed the discrimination. 

If you received sexist emails or text messages, be sure to keep them as evidence as well. If you filed a formal complaint with your employer regarding the discrimination, see to it that you obtain a copy of the complaint. Proving that you made effort to address the issue with your employer can help you strengthen your case.

State and federal laws allow you to sue your employer for discrimination based on your gender. However, before taking this route, it is important that you gather as much evidence as you can to prove your case. 

 

Archives

FindLaw Network