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How to Sue for Gender Discrimination

Let our employment law attorneys advocate for you

The Noble Law helps clients in both North Carolina and New York City navigate issues of workplace discrimination, including gender discrimination and whistleblower retaliation. You have the right to be treated fairly at work, and their are whistleblower protection laws to help you out. If you have been discriminated against because of your gender, our employment law firm can help. Contact The Noble Law in North Carolina or South Carolina to schedule a consultation with an employment law attorney.

If you have faced gender-based discrimination on the job, you have the right to report your employer to the appropriate state and federal agencies and to sue for damages. If the discrimination costs you your job or earnings, you may be entitled to reinstatement and lost wages. Gender discrimination is illegal under both state and federal law, but if you plan to file a lawsuit, you may need to follow certain steps like first filing notice with a state agency or the U.S. Equal Employment Opportunity Commission (EEOC).

If you have questions about whether the way you have been treated at work is discriminatory, reach out to an employee rights attorney at The Noble Law. We will discuss the details of your case and outline all of your legal options for fighting back against discriminatory treatment.

Filing an agency complaint about gender discrimination in the workplace

Under federal and many state laws, treating employees or job applicants unfavorably based on sex, gender, sexual orientation, gender identity, or pregnancy is prohibited. For example, New York State law prohibits discrimination by most employers based on sex or gender expression. However, South Carolina law prevents discrimination based on sex but not gender identity. In North Carolina, discrimination based on sex is prohibited in employment, but discrimination based on sexual orientation and gender identity is only prohibited in public employment.

If you are treated differently when it comes to hiring, firing, promotions, job assignments, pay, benefits, or any other aspect of employment based on your gender, you may have the right to file a lawsuit.

If you plan to file a federal lawsuit for employment discrimination, unless the lawsuit is brought under the Equal Pay Act, you need to first file a charge with the EEOC. In some states, you also have the option of filing a complaint with the state or municipal administrative agency. The requirements, including deadlines, vary depending on the allegations of the claim, whether you file under state or federal statutes, and your geographic location. The process can seem complicated, but this is something your employment attorney can help you through.

Steps in filing a gender discrimination lawsuit

A gender discrimination lawsuit can take several paths. It is a good idea to speak with an experienced lawyer as soon as possible to learn about your rights and make an informed choice. It will also be helpful to have a legal professional by your side as the company or administrative agency begins investigations, which can include taking statements from you and witnesses.

The steps leading up to a lawsuit can include:

  • Decide whether to make a complaint to your employer. If you do, make the complaint in writing and keep a copy. First, check your employee handbook and any other personnel documents for company policies because following the outlined steps may potentially resolve the troubling behavior and also bolster your right to sue. In some cases, the law will require that you follow your employer’s discrimination reporting policies because an employer cannot fix what it doesn’t know about.
  • File an agency complaint. If you plan to file a federal discrimination lawsuit, unless it falls under limited exceptions which include gender-based pay discrimination, you need to first file a charge with the EEOC within 180 days of the discrimination. You may also have the option of filing a discrimination claim with a local agency. More employers may fall under the scope of state laws than federal laws.
  • Wait for an administrative response. If you filed a charge with the EEOC, it will send a notice and copy of your charge to the employer within 10 days. The EEOC may decide to investigate. The employer may submit a statement of its position, and the EEOC may request that it provides more information. The timelines and processes differ when a local agency is involved.
  • Decide whether to sue. If the investigation shows that there is reason to believe that the employer engaged in discrimination, the EEOC will respond by issuing a Letter of Determination and inviting the parties to participate in a voluntary conciliation process. If conciliation is unsuccessful, the EEOC may decide to litigate or instead issue a Notice of Right to Sue, which permits you to file a lawsuit within 90 days.

If you decide to sue, you will need to decide on whether to file the case in a state or federal court. Again, the decision should be based on specific factors in your case and with careful attention to deadlines, which can vary based on the court you choose and the legal basis for the lawsuit. There may also be other actionable offenses with shorter deadlines, so do not wait to file a claim. A North Carolina and South Carolina, gender discrimination lawyer can help you determine which deadlines apply to your case.

How an employment law lawyer can help

Gender discrimination can be hard to prove and many find the process confusing. Failing to follow the necessary steps can leave you ineligible to file a lawsuit. The Noble Law is trusted counsel for workplace disputes and we are here to help.

If you have been treated unfairly or unfavorably at work because of your gender, call to set up a free-of-charge consultation with one of our employment law lawyers. We listen. We hear you. We understand.

The Noble Law – Employment Attorneys

You have the right to a safe workplace free of discrimination, including pregnancy discrimination. If you are being discriminated against or harassed in your workplace, an employment attorney at The Noble Law may be able to help. We provide clients with legal counsel and representation in North Carolina and South Carolina. Contact us today to schedule a consultation with one of our experienced employment law attorneys.




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