Phoenix Gender Discrimination Lawyer
Gender discrimination is a serious allegation in Phoenix, Arizona. Yet, it affects 42% of women across the United States according to PEW Research. Federal and state laws prohibit gender discrimination by employers for hiring, promoting, terminating, and otherwise discriminating against a job applicant or an employee.
According to the US Equal Employment Opportunity Commission, gender discrimination, also referred to as sex-based discrimination, is defined as the unfair treatment of a job applicant or employee because of their gender, sexual orientation, gender identity, or because of pregnancy. This also includes transgender status and other gender identity statuses. Understanding this is crucial because federal law recently changed because of a Supreme Court ruling.
If you’re an employer or an employee with questions about gender discrimination in Phoenix, contact The Foster Group.
Federal Laws Prohibiting Gender Discrimination in Employment
As mentioned, federal laws prohibit gender discrimination occurring by employers. Employers may not discriminate against job applicants or employees based on their actual or perceived:
- Sexual orientation
- Gender identity
- Transgender status
Title VII prevents gender discrimination. Recently, Bostock v. Clayton County, Georgia, No. 17-1618 (S. Ct. June 15, 2020) was decided by the Supreme Court of the United States and determined that firing people because of their sexual orientation or transgender status also violates Title VII. The Pregnancy Discrimination Act of 1978 also protects against discrimination based on pregnancy status.
State Law Prohibiting Gender Discrimination for Employment in Phoenix
The Arizona Civil Rights Act also prevents employers from discrimination based on gender, pregnancy, and pregnancy-related conditions. However, the State’s Civil Rights Act doesn’t afford the LGBTQ+ community specific rights.
Phoenix, and other cities, have local ordinances that provide the LGBTQ+ with protection against employment discrimination that is missing from the Arizona Civil Rights Act. For cities and towns that do not have these protective ordinances, federal laws still apply.
What Does a Phoenix Gender Discrimination Attorney from The Foster Group Do?
A Phoenix gender discrimination lawyer has an important role regardless of whether they represent the employer or the employee. For employees, a claim must be made first federally with the EEOC. The EEOC performs an investigation. If a valid claim is found, the employee may be issued a letter to sue. Employees may also have a valid state or city claim as well. In that case, a gender discrimination attorney defends the employee from the unequal treatment that they’ve faced from the employer and helps them get the back pay and other compensation they may deserve.
For employers, a gender discrimination lawyer can do many things. For example, they can help come up with a plan that minimizes the occurrence of gender discrimination. They can help implement plans created by the EEOC if evidence of gender discrimination is found. A gender discrimination attorney in Phoenix can represent the business if arbitration, settlement, or mediation with the EEOC or the employee occurs because of a claim of this nature.
Learn more about how a gender discrimination lawyer from The Foster Group can help you. Schedule your confidential consultation now!