Areas of Practice

Sexual Discrimination

Title VII of the Civil Rights Act of 1964

Title VII of the Civil Rights Act of 1964, 42 U.S.C §2000e, et seq., (Title VII) makes it unlawful for an employer to discriminate against an employee because of the individual’s sex. Examples of sex discrimination include terminating or refusing to hire or promote someone because of their gender. To establish a claim for sex discrimination, you will need to show the following elements:

1. that you are a member of a protected class;
2. that you were subjected to an adverse employment decision;
3. that you were qualified for the position; and
4. that you were treated differently than a similarly situated individual outside the protected class.

If your employer offers a legitimate, nondiscriminatory reason for the adverse action, you will be required to show that that the stated reason was pretextual and the real reason behind the adverse action was based on your sex.

Is my employer required to follow Title VII?

Title VII applies to all employers engaged in interstate commerce who employ 15 or more employees working at least 20 weeks in the previous year.

Timing

You must file a charge with the Equal Employment Opportunity Commission (EEOC) within 180 days of the alleged discrete act of discrimination. The EEOC will then notify you if it does not intend to pursue the investigation. You will then have 90 days from that notice to file your own civil action with the court.

Remedies available

If successful, the court will award back pay and other appropriate relief including reinstatement, promotion, or front pay if applicable. The court may also award additional damages for future losses, pain and suffering, and attorney’s fees. (These damages are subject to certain limitations)

Equal Pay Act

The Equal Pay Act of 1963 (EPA), 29 U.S.C § 206(d), makes it unlawful for an employer to pay his or her employees unequal wages based on sex. To establish a claim for wage discrimination, you need to show the following elements:

1. that your employer is paying different wages to employees of opposite sexes;
2. for equal work on jobs;
3. which the performance requires equal skill, effort, and responsibility; and
4. which are performed under similar working conditions.

Under the EPA you are not required to show that your employer had a discriminatory intent. Jobs do not have to be identical to be considered “equal work" under the EPA. Whether a job is substantially equal for purposes of the EPA is determined on a case-by-case basis.

Once you establish all of the foregoing elements, your employer must then prove that the difference in wages is justified under one of the following:

1. a seniority system;
2. a merit system;
3. a system that measures earnings by quantity or quality of production; or
4. any other factor other than sex.

Is my employer required to follow the EPA?

All employers are required to follow the EPA.

Timing

You may file a suit under the EPA against your employer within 2 years or you may file suit within 3 years if the discrimination is willful. Each “unequal" paycheck constitutes another cause of action. There is no need to file a charge with the Equal Employment Opportunity Commission (EEOC) before filing suit in court.

Remedies available

The court can award back pay, court costs, and attorney’s fees. In some situations, the court can increase your award by an amount equal to your actual damages.

You may contact us by completing a confidential case analysis form or by calling us directly at (330) 258-8000.

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