The Law Office of Robert Wiley, P.C. represents individuals and groups of individuals who believe that they have been discriminated against because of their gender. Often gender discrimination falls under one of the following situations:

• The old boy's club promotes and rewards men over women.
• Men and women are not being paid the same, even though they are doing the same work.
• The employer has gender-based stereotypes about how a woman (or man) should act, dress, or behave on the job. The employer rewards men for certain masculine behavior (such as aggression) but punishes the same behavior in women.
• Sexual harassment, intimidation, or threats.
• Pregnancy discrimination or discrimination based on maternity or child rearing.

A number of state and federal laws protect employees from gender discrimination. These include Title VII of the Civil Rights Act of 1964, the Equal Pay Act, and the Pregnancy Discrimination Act.

DISCRIMINATION

A covered employer cannot discriminate because of sex. This includes discrimination against females or males. You do not have to be female to be protected by discrimination law.

Discrimination can take many forms, including gender discrimination in hiring, termination, promotion, compensation, job training, or any other term, condition, or privilege of employment. Discrimination includes employment decisions based on stereotypes and assumptions about abilities, traits, or the performance of individuals on the basis of sex.

Sex discrimination law can cover unintentional decimation, such as job policies that disproportionately exclude individuals on the basis of sex and that are not job related. For example, a height requirement may statistically exclude more women than men.

HARASSMENT

Sexual harassment is against the law. Sexual harassment can also give rise to a criminal action against the harasser if you are touched in a manner that is unwelcome or against your will or raped. Offers of a job for sex may also constitute criminal solicitation.

There are two primary forms of sexual harassment: (1) hostile work environment or hostile workplace and (2) quid pro quo. In a hostile workplace, an employee is subject to severe or pervasive sexual harassment. This can include pornography, offensive jokes, sexual bullying, repeated touching, etc. In quid pro quo sexual harassment, an employer bases on employment decision on an exchange of sexual favors. This may indirect, such a hinting that an applicant for a promotion would have a better chance is she were more receptive to sexual advances.

Many courts and even the EEOC may require that an employee have made an outcry when claiming sexual harassment. An employee who suffers in silence or quits her job may lose her rights. Therefore, you should contact us immediately if you are suffering from sexual harassment.

EQUAL PAY FOR EQUAL WORK

The Equal Pay Act of 1963 requires an employer pay men and women the same for equal work. The jobs need not be identical, but they must be substantially equal. Title VII of the Civil Rights Act of 1964 also contains broad prohibitions against gender-based compensation discrimination.

The Lilly Ledbetter Fair Pay Act of 2009 ensures that victims of longstanding discrimination do not lose their right to sue because they were unaware of the discrimination.

RETALIATION

An employer may not retaliate against an individual for opposing sex discrimination or for filing a discrimination charge with the EEOC, testifying, or participating in any way in an investigation, proceeding, or litigation under Title VII.

A federal worker must generally complain to the EEO office of his or her agency within 45 days of a discriminatory or retaliatory act. Private sector workers and other government workers generally have 180 to 300 days. Therefore it is important to contact us immediately if you believe you have a claim for gender discrimination.