Filing a Gender Discrimination Claim

Answer:

One issue that sometimes comes up is the issue of discrimination based on gender and/or sex, in which the employer is making a decision as to what positions the employee can hold based off of the gender or sex of the employee. I remember early on when this firm was founded 12 years ago, we took on a case of a woman who was a bartender. She enjoyed being a bartender; she found that she made more money as a bartender. That’s truly what she enjoyed doing.

She applied for a position at a bar in San Bernardino. She was told that women were only allowed to be hostesses or cocktail waitresses and that, if she wanted a position, those were the two options that was available to her. She explained to me, as she explained to them, that she wasn’t a hostess and that she wasn’t a cocktail waitress but that she was a bartender, and that she had the expertise and the knowledge to be a bartender. The employer after hearing that told her flat out the only positions we offer women are hostesses and cocktail waitresses. She didn’t take the position. When she had come to me, she had already filed a claim with the Department of Fair Employment and Housing. They were trying to get her to take a settlement that was what I considered very low. While I can’t get into all the details as to what that case ultimately resolved for, I will say that it was multiple times more than what was being offered to her in front of the Department of Fair Employment and Housing. If you feel that you’ve been subject to gender discrimination either in the assignments you are being given, promotional opportunities you are being given, or in your pay, it’s important for you to understand that you do have rights and that you should talk to an attorney. If I can answer any of those questions, feel free to give me a call.