When you ace an interview for a new position, especially if you are well-qualified, it can be confusing to find out that someone else got the promotion. Especially when you learn that the person who got the job was less qualified and had far less experience. Understandably, you want to know why the hiring manager chose that applicant and didn’t promote you instead.
If you can’t get a straight answer, the hiring manager may be hiding something. Was the other applicant a different gender? Employers cannot refuse to promote someone because of their gender. If you suspect gender discrimination in the workplace, it’s imperative to speak with an experienced federal employee lawyer today.
What Qualifies As Gender Discrimination in the Workplace?
Determining what qualifies as gender discrimination can be difficult, which is why it’s crucial to have an attorney on your side. Gender discrimination against women in the workforce is nothing new, unfortunately. Women employed by the federal government continue to be passed over for promotions in favor of less experienced and less qualified men.
This practice continues even though Title VII of the Civil Rights Act prohibits failure to promote due to an applicant’s gender. While gender discrimination is not easy to prove, victims do have legal options.
There are legitimate reasons someone may not get promoted that don’t qualify as gender discrimination. Possible legitimate reasons for failure to promote include:
- A lack of required educational qualification;
- A lack of experience for the position;
- A failure to meet the minimum qualifications;
- An inability to commit to the position’s work schedule;
- Another applicant was more qualified;
- Poorer performance during an interview;
- An unfavorable performance review at their current position; and
- An inability to perform required job duties, even with reasonable allowances and accommodations for a disability.
Even if the explanation you received about why you weren’t promoted includes one or more of these legitimate reasons, you may still have a valid gender discrimination case if the given reason was pretext for discriminatory practices.
Examples of Gender Discrimination in the Workplace
All types of gender discrimination in the workplace are illegal. An employer cannot treat an employee differently because of their gender. If someone is passed over for a promotion or a job because of their gender, they have likely been the victim of gender discrimination. Other examples of gender discrimination in the workplace include:
- Unequal pay for men and women doing the same job;
- Different sets of interview questions depending on gender;
- A positional bias that sees women in stereotypical positions, i.e., secretary, receptionist, and administrative assistant;
- Sexual harassment;
- Different dress code depending on gender;
- Diminished responsibilities for one gender;
- Different conversation styles depending on gender; and
- Different termination protocols between genders.
Uncovering gender bias is not always easy. It’s even more challenging to eradicate it from the workplace. However, once you start looking closely, you may spot some of these gender biases in your workplace.
Proving a causal connection between the failure to promote an employee and gender discrimination can be complicated, but typically possible to accomplish. That is why you need to retain the right federal employee lawyer to represent you.
To successfully prove gender discrimination in the workplace, you must show that your gender was a motivating factor for a hiring manager not having promoted you. Something can be a “motivating factor” even if your agency would have taken the same action without a discriminatory motive.
One way to prove a causal connection is to identify patterns of discriminatory conduct. Are significantly more women or men passed over for managerial positions? Are there other signs of discriminatory practices? Listen to conversations between other workers or comments made by supervisors. You may hear something that points to different patterns of discrimination.
Be sure to hold onto any company documents, emails, or text messages that point to possible bias. Evidence of bias will be important for building a persuasive discrimination case.
Consult a Federal Employee Lawyer Today
Filing a claim for gender discrimination in the workplace is not easy. That is one reason why hiring an attorney is so essential. Often, if one type of unlawful discrimination occurs in the workplace, others may be present as well. When you retain the skilled federal employee lawyers at the Law Office of Aaron D. Wersing, we will look for other discrimination patterns in addition to the bias you experienced.
Speaking out after experiencing gender discrimination firsthand can be scary. Understandably, you may worry whether anyone will believe you, or about what happens after reporting the incident. Retaliation and termination are two legitimate concerns many federal employees have after reporting any discrimination. If you are terminated or experience retaliation after reporting discrimination, that is also illegal.
While exposing gender discrimination can be terrifying, it’s crucial to speak up and protect your rights. With laws in place to protect you from gender discrimination in the workplace, you do not have to allow any employer to discriminate against you, especially the federal government.
If you believe you experienced gender discrimination or any other type of discrimination in the workplace, contact the Law Office of Aaron D. Wersing or give us a call today at (833) 833-3529 to schedule an initial consultation.
Let us help protect your rights and fight for the equal treatment you deserve.
Aaron Wersing, Attorney at Law
Aaron Wersing is the founder of the Law Office of Aaron D. Wersing. Mr. Wersing graduated from the Georgia State University College of Law with a Doctorate in Jurisprudence and was the recipient of the CALI Excellence for the Future Award. Mr. Wersing previously attended the University of Georgia, where he received a Bachelor of Business Administration degree in Accounting. Mr. Wersing is an active member of his local community. Mr. Wersing acts as a volunteer attorney with Houston Volunteer Lawyers, the pro bono legal aid organization of the Houston Bar Association. He is also a member of professional legal organizations such as the National Employment Lawyers Association and the American Inns of Court. To reach Aaron for a consultation, please call him at (833) 833-3529.
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