Virginia Sex Discrimination Lawyer
Sex discrimination occurs when an employer treats an employee in a different way based on that person’s sex. For instance, an employer cannot prevent women from applying to certain positions because the employer thinks the tasks are “a man’s work.”
As one of the largest firms in Virginia that focus solely on employment law for employees, we believe you deserve to know all of your options. Our first objective upon speaking with you will be to make sure you know your rights and how to use employment law to the maximum advantage, even if you don’t end up hiring an attorney.
If you believe you have been or are being discriminated against or harassed based on your sex, contact us. Our Virginia sex discrimination lawyer will work tirelessly as your advocates and advisers to help you stand up for your rights and fight back against illegal discriminatory or harassing practices. To get started on your claim, call and schedule a consultation with a workplace discrimination attorney today.
Equal Pay Act of 1963
The Equal Pay Act makes it illegal for employers to pay their employees less due to their sex. If an individual can demonstrate that their sex is only known reason they are paid differently from another employee with the same job; they could file a case of sex discrimination.
What are Common Defenses Against the Equal Pay Act?
There are a number of defenses under the Equal Pay Act. For example, if a woman is paid less than a man, that does not automatically mean that she is being discriminated against under the equal pay act.
An employer is within their legal rights to pay a woman less if she has less experience, she has less training, or there are other factors that would suggest that the pay scale is justified on some basis other than her sex.
Three Things You Can Do Right Now
- If you suspect discrimination or harassment, report it to human resources in writing and contact an attorney immediately.
- You must file a charge of discrimination with the Equal Employment Opportunity Commission within 180 days of the alleged act of sex discrimination.
- If you find yourself holding a pink slip, call the Equal Employment Opportunity Commission. And, as always, call a Virginia sex discrimination lawyer.
What To Do If Harassed
First, you can try to talk to the person who is harassing you and ask him or her to stop engaging in the offensive behavior. You should also document the situation and your response to it. If the harassment does not stop, review your company’s sexual harassment policy and report it to a supervisor or to HR. You may also want to discuss the situation with a lawyer.
Female Boss Harassment
A person of either sex can be the victim of sex discrimination and sexual harassment. Here, it seems that you may be the victim of sexual harassment, but it may not rise to the level that is “severe and pervasive” enough for a court to consider it actionable. You should share the details of your situation with an experienced Virginia sex discrimination attorney to get further advice.
Intolerable Workplace Harassment
The law does not require you to suffer indefinitely in order to file a lawsuit. If the conditions are so severe that a “reasonable person” would think that there was no choice but to quit, a court might consider that you were “constructively discharged” from your employment. In essence, this means your employer created a terrible work environment in an effort to encourage you to quit. Before you quit, you must have complained to HR, your supervisor, or another manager and given your company an adequate opportunity to rectify the situation, and the mistreatment must have continued despite your complaint.
Legal Protection Working at a Small Business
You are right that your employer is not bound by Title VII if it has fewer than 15 employees. There are a couple of things to note here. First, the EEOC is expansive in how it gets to 15. It includes any workers who could be considered employees of the company, even part-time employees. For instance, let’s say your company has 14 employees in the office. However, it turns out that the boss employs his sister full time as a bookkeeper but improperly classifies her as a contractor. The EEOC will likely find that the company has the required 15 employees for the purposes of federal employment law. Second, let’s assume your company does really only have 14 employees. It is possible that you have some protection under state law or even a county ordinance. For instance, the D.C. Human Rights Law, which protects pregnant employees, applies to all companies within the District, regardless of the number of employees. If you are in Arlington, Virginia, you are covered by the Arlington County Human Rights Code, which covers any employer with four or more employees. But sadly, it is possible that you have little protection if your state or county does not have a law covering employers with 14 or fewer employees.
Super Parent Nomination
At The Spiggle Law Firm we know how tough it is to be a parent and work a full-time job. That’s why we believe those who go above and beyond both at home and at work should be rewarded. To back up that belief, we recently awarded a local parent some extra money to be put towards a day of pampering. To learn who this super parent is, visit our Super Parent Page.