What Is the Average Case Value of a Sex Discrimination Case?
It is unlawful for employers to discriminate against employees simply because of their sex. If an employee is treated differently or unfavorably because of their sex, they have the grounds to file a sex discrimination lawsuit against their employer. The California Labor Law Employment Attorneys Group is here to help represent you and get you the maximum damages available which deserve. Do you know the average case value of employee gender discrimination cases if you have been discriminated against because of your sex?
It is against the law for employers to treat someone differently or unfavorably simply because of their sex. In general, it is women who are the victim of sex discrimination because employers have preconceived notions of women in the workforce. When it comes to employment, an employer need only consider two factors of any employee or applicant. Those two factors are their qualifications and their ability to perform the essential job functions. Anything else is inconsequential and possibly illegal to consider. Despite the laws that exist to prevent sex discrimination, it still happens. While most employers do not discriminate, some still look at women through the bifocals of sexism and make decisions based solely on sex. In rare cases, some employers try to be too progressive and hire or promote women simply because of their sex. This is special treatment and is still considered discrimination.
If you are victim of sex discrimination, you are owed monetary compensation for the damages you suffered as a result of that discrimination. The California Labor Law Employment Attorneys Group is here to ensure that you get the most compensation possible for your employer’s disregard for the law. If you want to file a gender equality case, sexism case, or gender rights case against your employer, here are a few things you have to know.
What Is Sex Discrimination?
Sex discrimination occurs when an employer singles out the sex of an employee or applicants and treats them differently because of that. Sex discrimination is unlawful in every step of the employer-employee relationship from interviewing, hiring, salary, promotion, benefits, bonuses, job responsibilities, termination, and layoffs. An employer must treat everyone equally when it comes to these sort of things, and weigh everyone equally.
An employer that discourages females from applying for higher positions, pays women less than male employees, does not promote women despite qualifications and experience, or gives women different or fewer responsibilities than men is partaking in sexual discrimination. Likewise, an employer is not allowed to make assumptions about their women employees – for example, an employer cannot think that a woman will put in long hours or travel because of their domestic responsibilities, or that that individual is not as strong as a man, is also discriminating.
Gender-based stereotypes are illegal to act upon as well. Many sex discrimination cases are based on antiquated gender roles or sexual stereotypes invented by men to have ideas or notions about the abilities or ambitions of women (and even men, as a result). For example, a male employer may believe that a woman’s place is at home, especially if she is pregnant. He may also assume that people won’t take orders from a woman in a higher position, or that customers will not take them seriously or give them the same respect as would a male in the same position. These assumptions and practices are illegal and excuses like “it does not hold sexist attitudes, but that it must honor the wishes of a sexist culture” very often fail in court. Employees can file a workplace sex discrimination lawsuit against the employer.
It also counts as sex discrimination if an employer tries to overcompensate. For example, if an employer promotes a woman simply because she is a woman, and she is not qualified for that promotion, a male employee may sue their employer for sex discrimination.
Employers must treat everyone equally!
How Much is a Sex Discrimination Case Worth?
The value of a sex discrimination case varies from case to case. Every case is different because every experience with discrimination is different, despite the seemingly identical reasons throughout sex discrimination cases. Sex discrimination values vary because the courts have to consider things like the amount of compensation that the victim merits. The courts will consider back pay, front pay, lost benefits, emotional suffering, punitive damages, and attorney’s fees as well.
- Back Pay – When courts reward back pay, they are giving the victim of sexual discrimination the amount of money for work that could have been done had the worker not been discriminated against and prevented from doing work. This reaches back to the first day the employee experienced discrimination to the days of court.
- Front Pay – This pay is awarded to victims during the period of the lawsuit and any trial that arose and reinstatement. Traditionally reinstatement is not seen as the best course of action, as relationships are often tarnished with discrimination. If reinstatement is not feasible, payments are awarded from the day of judgment up until the worker finds a new job.
- Lost Benefits – When an employee gets wrongfully terminated, they often lose the benefits they had accrued at work. Benefits can include healthcare packages, retirement plans, and any other terms and conditions that were a part of employment. These are difficult to quantify, and so the courts must do their best to attach a figure to the lost benefits.
- Emotional Suffering – Being discriminated against is tough: your employer has decided that something that is intrinsic to your being is wrong to them and they have taken action against it. This can cause emotional stress and suffering to which victims are owed compensation. If you can prove to the courts that you suffered emotionally as a result of the discrimination, you may be given further compensation.
- Punitive Damages – These are fees that your employer must pay for disregarding the law. Punitive damages are only ordered if the courts conclude that your employer acted maliciously.
- Attorney’s Fees – Legal representation can be a rather expensive service. In addition to your monetary damages, courts can order your employer to pay for your attorney fees that have no effect on your total sum.
How to File a Lawsuit Against Your Employer
If you want to file a lawsuit against your employer, you must first file a charge with a government employment agency. There are two agencies available, the federal agency and the state agency.
The Equal Employment Opportunity Commission (EEOC) is the federal agency, and the California Department of Fair Employment & Housing (DFEH) is the state agency. Both agencies protect your rights and are in a work sharing agreement – when you file a charge to one agency, an identical copy is sent to the other agency in order to best protect your rights under both state and federal.
You can then request a “right-to-sue” letter, but you only have 90 days to take action so make sure that you and your employer are ready to go to court.
The California Labor Law Employment Attorneys Group is here to ensure that justice is served and ensure that your case value for your employee gender discrimination case is the most. We offer free consultation and the zero-fee guarantee. There is no financial obligation or risk on your part! Give us a call to see what we can do for you.