Best Ohio Gender Discrimination Attorney Answer: What Can I Do About My Sexist Boss? Do I Have A Claim For Gender Discrimination? What Should I Do If I Was Fired Because I’m A Woman? Who Is The Best Sexual Harassment Lawyer In Ohio?
Ohio and federal laws, including Title VII of the Civil Rights Act of 1964 and Ohio R.C. § 4112.02, protect workers from both gender discrimination and sexual. In fact, sexual harassment is a type of gender discrimination.
So your employer gets sued for sexual harassment after a male trainer sexually harasses a female trainee, and loses in court. What do they do in response? Naturally, they want to prevent such a thing from ever occurring again. Most lawyers would advise the employer to conduct lots of training on sexual harassment, create a reporting procedure, and to even post notices in conspicuous places to remind employees of their rights. However, in an interesting case, a trucking company decided it would do none of that fancy HR stuff, and that it would just segregate female and male trainees with same-sex trainers.
As alleged in this gender discrimination lawsuit, Prime Trucking decided that it could avoid future sex harassment claims by just ensuring that female trainees weren’t trained by male trainers. Aside from the fact that such a policy ignores the possibility that same-sex harassment could still occur, this policy also had the effect of delaying the hire of female applicants by as long as 18 months due to a lack of female trainers at Prime. As a result, it was a lot harder for a female to get a job at Prime than males. This openly discriminatory policy made it easy for the Western District Court of Missouri to find that Prime’s policy was unlawful:
[Prime’s] policy stated that women who applied to be students or entry level trainees would only be assigned to a female instructor or trainer, unless she had a pre-existing relationship with a male instructor or trainer. Prime contends it put the policy in place in order to protect female applicants. However, the policy is facially discriminatory… in that it places limitations on the opportunities for female applicants to be trained versus men. Prior to this policy being implemented women were put on trucks with male or female drivers on a first come, first served basis. The same-sex policy created a waiting list for females while none existed for males. Therefore, there is no question the policy created an impermissible impediment to training and employment for female drivers that the male drives did not face. This was no small impediment but one which could require women to remain on the waiting list for a year or more while men faced no such delay. The Court finds Prime’s same sex policy was the company’s standard operating procedure and is facially discriminatory resulting in disparate treatment of female applicants and drivers.
So, essentially, Prime Trucking went from the proverbial frying pan and into to the fire. What is amazing to me is that Prime was more concerned with avoiding claims than actually fixing gender related disparity.
If you feel that you are being discriminated based on your gender or sex, then call the right attorney. It is never appropriate to discriminate against female employees, even if your manager or supervisors says it is to avoid sexual harassment. Discrimination against women includes being harassed, fired, wrongfully terminated, discriminated against, demoted, wrongfully disciplined, denied a promotion, and denied wages or not receiving equal pay. When you call the right attorney to schedule a free and confidential consultation at 866-797-6040, you will meet with an attorney from Spitz, The Employee’s Law Firm to discuss wrongful discrimination claims and help you determine the best way to pursue your gender/sex discrimination claims.
Disclaimer:
The materials available at the top of this page and on this employment law website are for informational purposes only and not for the purpose of providing legal advice. Your best option is to contact an Ohio attorney to obtain advice with respect to gender discrimination questions or any particular employment law issue. Use and access to this employment law website or any of the links contained within the site do not create an attorney-client relationship. The legal opinions expressed at or through this site are the opinions of the individual lawyer and may not reflect the opinions of Spitz, The Employee’s Law Firm, Brian Spitz, or any individual attorney.