Michigan Gender Discrimination Attorneys
“Gender discrimination” encompasses much more than blatant sexual harassment and preferential hiring practices. It can include everything from failing to use an employee’s preferred name or pronouns to discriminating against a pregnant employee to disparate wages to inequitable terms used in performance evaluations.
Sommers Schwartz, P.C., is committed to fighting for the rights of people who have been victims of discrimination based on their gender, including those who experienced retaliation for reporting it.
What Is Gender Discrimination?
Workplace gender discrimination takes many forms, but it generally occurs when an employee or applicant is treated differently than others because of their sex, gender identity, or sexual orientation. Multiple federal, state, and local laws prohibit workplace discrimination based on race, religion, sex, disability, etc.
Discrimination based on gender can take many forms, including:
- Refusal to hire an applicant.
- Being held to different standards.
- Repeated, intentional use of a name or gender the person doesn’t identify with.
- Pay disparity.
- Harassment by managers or other employees.
- Unequal promotion opportunities.
- Lack of appropriate training opportunities.
- Disparate treatment due to pregnancy.
- Disparity in parental leave.
- Retaliations against complaints.
- Participation in an investigation regarding discrimination or harassment.
- Disciplinary action or termination.
Gender discrimination can take the form of jokes, bullying, undesirable shift changes, and even termination. If you have been discriminated against because of any perceived characteristic related to your gender identity or sexual orientation, contact our Michigan employment attorneys immediately to learn about your options and protect your rights.
Federal and State Gender Discrimination Laws
Federal laws such as Title VII of the Civil Rights Act of 1964 prohibit employers from using gender as a factor in any employment decision. A Supreme Court ruling in 2020 extended this protection to cover gender identity and sexual orientation. Michigan’s Elliott-Larsen Civil Rights Act makes it illegal for an employer to discriminate based on gender.
Both federal and state laws also prohibit wage discrimination based on gender. Employers may not offer a lower wage rate based on gender to employees who perform equal work.
Discrimination Complaint Process
If you believe you are the victim of gender discrimination in the workplace, your options for filing a complaint may include:
The Michigan Department of Civil Rights (MDCR)
If you have been discriminated against at work, you can file a complaint with the MDCR, but you must do so within 180 days of the discriminatory incident. Although filing a discrimination complaint with the MDCR does not constitute a lawsuit, it is definitely in your best interest to consult with an experienced discrimination lawyer.
The United States Equal Employment Opportunities Commission (EEOC)
The EEOC is the federal venue for filing a discrimination complaint. In Michigan, a complainant has 300 days to file. In addition, you may have to receive a Notice of Right to Sue from the EEOC before you can file a discrimination lawsuit.
If you believe you have been a victim of any type of employment discrimination, it is critical to seek immediate legal counsel. The skilled legal team at Sommers Schwartz, P.C., will help you navigate the entire process, from gathering substantiating evidence to submitting claims to the MDCR or EEOC to fighting for your rights in court.
Legal Claims and Damages for Employment Discrimination
You have 90 days after receiving the notice of right to sue to file a lawsuit in court. Having legal representation during the MDCR or EEOC process is integral to meeting this important deadline.
In most state and federal employment discrimination cases, the employee may be entitled to receive:
- Reinstatement to the rightful position.
- Promotion, if appropriate.
- Lost income.
- Compensation for other job-related losses, such as benefits, pension, etc.
- Costs of therapy or counseling.
- Compensation for non-economic losses, such as damage to your professional reputation or pain and suffering.
- Punitive damages meant to penalize the employer.
Contact a Michigan Gender Discrimination Attorney at Sommers Schwartz
If you have suffered workplace discrimination, the lawyers at Sommers Schwartz, P.C., can help. We have been successfully representing clients in employment discrimination cases for decades, and we have an impressive track record of obtaining favorable results in a timely manner. If you have been the victim of employment discrimination in Michigan based on your gender, let the team at Sommers Schwartz, P.C., fight for your rights. Call us today for a free consultation at (800) 783-0989.