Gender Discrimination in the Workplace

Sadly, gender-based discrimination happens quite often in the state of New Jersey. If you believe you were a victim of gender-based discrimination in your workplace, there are options that can help you get the justice you deserve. An experienced employment law attorney can help you assess your options and fight to enforce your rights against an employer who demonstrates bias against women or men. Yes, even men can be victims of gender discrimination.

gender discrimination

Understanding How Gender Discrimination Occurs in the Workplace

Simply put, gender discrimination in the workplace occurs when certain adverse acts or behaviors motivated by the employee’s gender negatively affect an employee’s ability to do their work. Gender discrimination affects employees at all levels and may involve th wrongful firing employees of a certain gender, pay disparities, and opportunities denied. According to New Jersey law, it is unlawful for an employer to discriminate against an employee based on gender, specifically when making employment decisions including, but not limited to;

  • Deciding whether to transfer, promote, or discharge an employee;
  • Setting pay levels, job assignments, employee benefits, or other terms, conditions, or privileges of employment.

So, an employer cannot deny you a promotion, fire you, demote you, among other things, because of your gender. However, it is crucial for you to note that there are exceptions to this rule. For example, an employer may be allowed to discriminate against potential or current employees based on gender in those situations where gender is a “bona fide occupational qualification.” Generally, gender applies to the bona fide occupational qualification if only one specific gender is necessary to perform job duties.

Establishing a Case of Gender Discrimination

Generally, as an employee alleging a claim of gender-based discrimination, you must prove that despite performing your job at a level sufficient to meet your employer’s expectations, your employer still took adverse employment action against you due to your gender. To prove this, you need things such as witness statements and copies of work-related memos or documentation. It might also help if you obtained evidence that shows a history of similar situations in the workplace.

Unfortunately, sometimes, obtaining hard evidence is difficult. So, what happens if you cannot get hard evidence? In such a case, you should try obtaining circumstantial evidence because circumstantial evidence is sometimes allowed in court. Simply put, circumstantial evidence is evidence of a particular fact from which an individual may reasonably infer the existence of another fact. One example of circumstantial evidence would be if you were not directly told you were not promoted because you are a woman/man, but the employer promoted only men/women.

After you offer evidence to prove you were discriminated against because of your gender, the burden will shift to your employer. If your employer offers a reason for their action(s), you will then have a chance to dispute their reason. If you manage to establish gender discrimination, you may recover damages.

Contact Our Office Today for Legal Help

If you, a loved one, or co-worker has been the victim of gender discrimination at the workplace, you should speak to an employment law attorney. Contact the Trabosh Law Firm and allow us to fight for your right to a workplace free from gender discrimination.