Sexual Harassment/Gender Discrimination
Advancement for women in the workplace has come a long way, but employment conditions are still far from being truly equal. Even when female workers have achieved the proper education and credentials, they are many times still not considered as qualified as their male counterparts with either equal or less credentials and get paid significantly less.
The glass ceiling may be chipping, but it is far from being broken. The Sampath Law Firm is committed to shattering that glass and helping you advance justice in the workplace.
WHAT IS GENDER DISCRIMINATION?
There are many ways gender discrimination can manifest itself in the workplace. The key is to show that you are being treated differently because of your gender or characteristics associated with masculinity or femininity. Examples of gender discrimination include but are not limited to:
Different rates of pay for men and women doing the same work
Denial of benefits to husbands and families of female employees where the same employees are available to wives and families of male employees
Appearance standards that impose more stringent requirements on employees of one sex than on employees of the other sex
Termination of a female employee who becomes pregnant (Pregnancy Discrimination)
Better opportunities for promotion or training given to men but not female staff
If you believe you have been discriminated against based on your gender and that your rights have been violated by your employer, The Sampath Law Firm will work tirelessly to get you the justice you deserve. Contact our office to see if you have a potential case.
WHAT IS SEXUAL HARASSMENT?
Sexual harassment is a form of gender discrimination. It can include unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. To be actionable, the harassment must affect an individual's employment, unreasonably interfere with an individual's work performance, or create an intimidating, hostile, or offensive work environment.
Examples of sexual harassment include but are not limited to:
Attempted or actual sexual assault
Direct or indirect threats or bribes for unwanted sexual activity
Sharing sexually inappropriate images or videos, such as pornography, with co-workers
Displaying inappropriate sexual images or posters in the workplace
Telling lewd jokes, or sharing sexual anecdotes
Inappropriate touching, including pinching, patting, rubbing, or purposefully brushing up against another person
Asking sexual questions, such as questions about someone's sexual history or their sexual orientation
Making offensive comments about someone's sexual orientation or gender identity
If you believe you have been sexually harassed at your workplace, you should know that you do not have to tolerate this mistreatment and that there are laws to protect you. Contact our office for guidance and to see if you have a potential case.
ARE GENDER DISCRIMINATION AND SEXUAL HARASSMENT LIMITED TO FEMALE VICTIMS?
Although we generally think women are most often the victims of gender discrimination and sexual harassment and that men are the perpetrators, this is not always the case. The law recognizes that both men and women can be discriminated against and harassed and that someone of the same or opposite sex can discriminate against or harass you. Gender equality encompasses more than just the protection of women's rights.
At The Sampath Law Firm, our representation of people facing gender discrimination and sexual harassment includes assisting men and women as well as those who embrace non-traditional gender identities. The embarrassment and fear of reprisal may make you worried about speaking up. The attorneys at The Sampath Law Firm are sensitive to these issues and are here to assist you. Contact our office if you need a lawyer's advice.
ARE LGBT INDIVIDUALS PROTECTED?
LGBT individuals are often unlawfully singled out for disparate treatment because they do not conform with traditional gender stereotypes. This is wrong. You should know that there are numerous state and federal laws that protect your rights and that you do not have to tolerate this injustice.
The California Fair Employment and Housing Act expressly prohibits harassment and discrimination in employment because of an employee's gender identity, gender expression, or sexual orientation. Likewise, Title VII of the Civil Rights Act prohibits disparate treatment in employment against lesbian, gay, bisexual, and transgender individuals as a form of sex-based discrimination.
The attorneys at SLF are committed to representing individuals who have been harassed or discriminated against due to their status. If you believe you are a victim of this kind of discrimination, contact our office to see if you have a potential case.