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Can I Sue For Gender Discrimination If I’m A Man? Top Ohio Employment Law Attorney Reply

| Oct 15, 2014 | Employment Discrimination, Gender Discrimination, Sexual Harassment, Wrongful Termination |

Best Ohio Gender Discrimination Attorney Answer: Is it legal for my job to treat me differently than my female coworkers? Can my boss fire me for because I’m a man?  Can my employer consider my gender when deciding whether to fire me?  Can my manager discipline men more than women for the same violation?

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There is no question that Ohioans have a lot to be proud of.  We have great places to live in cities like Cleveland, Cincinnati, and ColumbusCleveland’s recent rise has been noted in national news for the return of LeBron James to the Cleveland Cavaliers and being named the future host city of the Republican National Convention.  And, don’t forget about the hometown kid, Brian Hoyer, raising the Browns to NFL relevance.

If you visit or live in Columbus, you can’t miss the pride of students and fans of The Ohio State University.  Calls of “O-H” are returned by strangers yelling back, “I-O,” and for several years the Buckeyes’ marching band has been referred to by some as, “The Best Damn Band In The Land” or TBDBITL.  Videos of the band’s half-time tribute shows to Michael Jackson and 90’s Video Games went viral and have been viewed by millions of people on the internet.  But recently, the band has been plagued by notoriety.  A lawsuit filed by the bands freshly ousted leader, John Waters, alleges that his termination was the result of gender discrimination.

I was fired because by my sexist boss. My manager punished me more because I’m a man. Can I sue for gender discrimination if I am a man? I am being sexually harassed by my supervisor. What is reverse gender discrimination? Can the progressive disciplinary policy be applied by my job differently to men and women? Call Brian Spitz and the employment law lawyers at The Spitz Law Firm to discuss your gender discrimination, sexual harassment, and wrongful termination claims.

Waters was known for the intricate and innovative moves performed by the band, including stunning and realistic depictions of a horse running, or the King of Pop performing the moonwalk.  Waters was terminated after a scandal occurred when a band member’s parent complained and alleged that there was a sexualized culture in the band.  It came out that members of the band were sometimes referred to by sexually-charged nicknames or forced to march in their underwear as a passing rite.    One may think the University had no choice but to fire the individual at the head of the band.  It would seem that he was responsible for failing to address or failing to realize the sexual behavior or atmosphere in the band.

But, in his suit and statements to the media, Waters claims that he was in the process of cleaning up the culture, and has also claimed that the University was aware of the sexual behavior.  In his performance reviews the University applauded him for his efforts in attempting to correct or purge the practices.

Waters also claims that the new University president admitted that the worst behavior brought to light in the scandal occurred before Waters took over as the band’s leader. The issues only become murkier because Waters alleged that a female cheerleading coach who was involved in a similar sexual scandal was given a second chance and allowed to keep her job.  Waters, instead, became a scapegoat for the University and was possibly fired to make the University look better in front of the U.S. Department of Education.

Title VII of the Civil Rights Act of 1964 and Ohio’s R.C. § 4112.99 prohibits employment discrimination based on the gender of the employee.  This means that your boss, manager, or supervisor cannot harass you, fire you, discipline you, or take other adverse employment actions against you because of your gender – regardless of what you gender is.  These anti-discrimination laws simply mean that men and women have to be treated equally. Men that are accused of a violation must be treated the same as women that are accused of the same violation. This applies to the workplace safety rules, attendance policies, and yes, even sexual harassment policies. Our employment discrimination lawyers have previously blogged about man on man sexual harassment and so-called reverse race discrimination.

So, if Waters can show that he would have been treated more favorably by the university if he was a female, it may be “O-H” “N-O” for the school.

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. 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 The Spitz 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 The Spitz Law Firm, Brian Spitz, or any individual attorney.