Gender Discrimination

Have you been refused a job merely because of your gender? Do you feel you are not receiving the same training as co-workers only because of your gender? Have you been a victim of the “good ol’ boy” system? If so, you might have been discriminated against because of your gender. As such, you need attorneys with the passion and expertise to represent you in righting this wrong.

Houston employment lawyers Kalandra N. Wheeler and Robert J. Wiley represent workers who have been discriminated against because of their gender. They have the experience to make sure that every avenue is pursued and no stone is left unturned. In short, when you have been discriminated against because of your gender you need an attorney that understands your situation and that will fight for you.

Under both Title VII of the Civil Rights Act of 1964 and the Texas Labor Code discriminating an employee because of their gender is illegal. An employer cannot fire, demote, or affect an employee’s benefits because of their gender.

Many times it may be difficult to determine if you have been discriminated against because of your gender. Common examples that may indicate that your employer is discriminating on the basis of gender are:
  • Allowing a “good ol’ boys” way of doing things to exist;
  • Differences in pay that can only be explained on the basis of gender;
  • Fostering gender stereotypes that dictate how men and women should act and dress;
  • Asking an employee to perform a sexual favor in exchange for a job or promotion;
  • Failing to act after being informed of pervasive sexual harassment; and
  • Punishing female employees for taking maternity or pregnancy leave.
Furthermore, the law does not only protect employees from intentional wrongdoing. It also protects employees who have suffered at the hands of an unfair and discriminatory system within the employer. For instance, employees are protected when employers implement workplace policies that statistically affect one gender over another. For example, having a strength requirement of lifting 100 pounds, when the job duties do not require such a feat, may statistically negatively affect more women than men.

Additionally, under the Equal Pay Act of 1963, employers are required to pay men and women the same wage for the same work performed when performed under similar conditions. This act was further strengthen by the Lilly Ledbetter Fair Act of 2009, which states that each paycheck starts the statute of limitations on pay discrimination cases. This ensures the longest possible amount of time for an employee to discover any pay irregularities and still have an opportunity to pursue claims.

Often times the law may require an adverse employment action to occur before a claim is actionable. Common examples of adverse employment actions are:
  • Failure to be promoted;
  • Failure to be hired;
  • Being suspended;
  • Not being given the same benefits as employees of the opposite gender; and
  • Being terminated.
You have worked too hard to be illegally discriminated against just because of your gender. Too often employers act on erroneous stereotypes and assume that someone of a certain gender will not be able to perform at a particular level or handle certain situations.

The only way to defend not only your rights as a hard working employee but those of others is to step forward. We can only do our job if workers fight unfair employment practices. It can be difficult to take a stand, and that is why you need a team of professionals that will be with you every step of the way.

Take Action

If you feel you have been discriminated against merely because of your gender, do not hesitate to contact our law firm. There are many deadlines that may require a quick turnaround. Depending on your case you have anywhere from 180 days to 300 days to report a violation of Title VII or the Texas Labor Code to the EEOC or TWC. If you choose to contact us, you will generally meet with an attorney to discuss your matter. If we believe a violation of the law has occurred and if you decide to hire us, we will sign a representation agreement and work to enforce your rights.

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Ms. Wheeler was extremely knowledgeable, strong and confident. Exactly what someone would want in an attorney. C.M.