Under Minnesota state law and federal law, it is illegal for employers to make any employment decision based on gender. Employers can’t treat employees differently because of their gender when making decisions about wages, promotions, discipline, suspensions, or terminations.
There’s a special, specific form of gender discrimination in the workplace known as pay discrimination protected under several laws including the federal Equal Pay Act. Popularly known as “equal pay for equal work,” women may bring a discrimination claim if they are being paid less than males counterparts for the same job.
It is also illegal for employers or fellow employees to make unwelcome comments or behaviors based on gender, in which case you may have a hostile work environment claim.
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Gender Discrimination FAQs
+ How do I prove a workplace gender discrimination claim?
In order to win an employment age discrimination claim, you must prove that the stated reason for an employment decision is not the actual, illegal reason – your gender. Your employment lawyer needs to demonstrate that the employer’s stated decisions about wages, promotion, discipline, suspension, or termination are either factually wrong or that they weren’t applied equally to similarly-situated employees.
In the case of pay discrimination, we need to prove – either from documents you have or obtainable from the employer during discovery – that you were receiving less pay for the same job function. It strengthens your case if you have more experience, better performance reviews, or more education and training than male counterparts receiving more pay.
+ Can my employer fire me if I claim gender or pay discrimination?
No. If your employer terminates you for making a complaint of gender or pay discrimination, then you have a retaliation case in addition to your discrimination case.
+ How much is a gender discrimination case worth?
This depends on the strength of your case, the amount of damages you’ve suffered, and ultimately on the ability of your employer to pay. While it is not possible to state what the average settlement for a gender discrimination case is, we will be able to better estimate the possible outcomes during your free consultation.
+ Can I claim gender discrimination even if I quit my job?
Yes. If your employer made working conditions so hostile that you had no choice but to resign, this is known as constructive discharge. Workplace gender discrimination claims may still apply under these circumstances.
+ What is the statute of limitations for a gender discrimination case?
In Minnesota, you have one year from the date of the last discriminatory act to bring a lawsuit or file a claim with the Minnesota Department of Human Rights. You have 300 days from that date to file a claim with the Equal Employment Opportunity Commission (EEOC), if you want to bring federal claims under Title VII.
+ What should I do if my employer has discriminated against me because of my gender?
Write everything down: what happened to you; the date or dates of the discriminatory acts, who made the employment decisions or communicated them to you, what they said were the reasons for the decisions, and who was present; whether you think the reasons your employer gave you were accurate and why; the names of employees that you think may have useful information; and the types of documents that you think may have useful information.
Gather documents: pay stubs; personnel files; employee handbook; any other letters, text messages, or emails from your employer that you think might be helpful. You should send a written request to your employer requesting your personnel file and the reason for the decision about wages, promotion, discipline, suspension, or termination, which must be provided to you under Minnesota law.
In the event your employment was terminated and if your employer has not paid you all of your wages, request those wages in writing.