Sex/Gender/Gender Identity Discrimination
IDAHO SEX/GENDER DISCRIMINATION LAWYER
30+ Years Experience
Honest & Transparent
Integrity Above All
Imagine the following scenario
You have a new supervisor who makes highly inappropriate comments to you of a sexual nature. Despite asking your supervisor to stop, the harassment has continued. You’re worried that, if you complain, your supervisor might retaliate against you and your problems will worsen, or you might even be fired. You need help but do not know where to turn.
If you live in Idaho and have recently experienced something similar in your work career, your next move should be to contact a law firm that focuses on sex discrimination law in the workplace.
At Idaho Employment Law Solutions, we know how to help. Led by R.A. (Ron) Coulter, Lieutenant Colonel USMC (Ret.), we are skilled and knowledgeable in these interconnected fields of the law. A respected member of the Idaho State Bar and of the local African-American community, combining the determination and work ethic of a marine who rose through the ranks due to his demonstrable talents, with a seasoned and analytical legal mind, Ronaldo (Ron) A. Coulter will advise you as to the strengths and weaknesses of your potential sex discrimination claim. If he and his firm determine that you do have a claim, they are there to work tirelessly on your behalf and to guide you through the complex legal process. You could ask for no better advocate to protect your legal rights.
WHAT IS GENDER AND SEX DISCRIMINATION?
Gender and sex discrimination occurs in the workplace when an employee is harassed or otherwise treated unfairly or differently due to the individual’s gender or sex. This discriminatory behavior can come from any individual in the entity, including, but not limited to managers, supervisors, or co-workers.
Upon being alerted of the discrimination or harassment, the company must take immediate and affirmative measures to stop it. An employer is required by law to keep his or her workplace free from sexual discrimination and harassment. Further, the employer is forbidden from taking any type of retaliatory action against an employee who has filed a gender or sexual discrimination claim.
Have You Been Wrongly or Unfairly Treated By Your Employer Because of Your Sex?
Common Examples of Gender and Sexual Discrimination
Ronaldo (Ron) A. Coulter will advise you as to the strengths and weaknesses of your potential legal claim. If he determines that you have a claim, he and his firm are there to work tirelessly on your behalf and guide you through a complex, multi-step legal process. You could ask for no better advocate to protect your legal rights.
SEX DISCRIMINATION LAW
Specific federal and Idaho state laws exist to protect employees from sex or gender discrimination. Among the most effective federal laws are Title VII of the Civil Rights Act of 1964 and the Equal Pay Act of 1963, which requires employers to pay equally employees who do the same work, without considering the employee’s sex, gender or gender identification.
On the state level, the Idaho Human Right Act protects employees from discrimination based on sex, gender or gender identification.
YOU ARE PROTECTED UNDER TITLE VII
Among other things, Title VII prohibits employers from discriminating against an employee due to that individual’s sex. The Act provides extensive remedies if discrimination can be proved.
Under the Act, if you believe that your employer has discriminated against you due to your gender or sex, you must first file a timely claim with the Equal Employment Opportunity Commission (EEOC), the federal agency charged with the task of processing and handling workplace discrimination claims.
Idaho Employment Law Solutions has much experience in filing claims with the EEOC and will draft a claim that meets all agency requirements. Generally, an EEOC claim must be filed and investigated before a private lawsuit can be filed. The EEOC claim must be filed within 180 days of the employer’s alleged discriminatory conduct.
Once the claim has been filed, the EEOC will appoint an investigator to examine the claim in order to determine if a violation has occurred. If the investigator determines that there has been a violation of federal law, an appropriate remedy will be given, an example of which may require the employer to re-hire an employee who had been terminated, or to make certain substantive changes to its workplace policies that would prevent a similar violation from occurring in the future.
However, if the EEOC’s proposed resolution is insufficient to correct the violation, or it affirmatively chooses not to take action against the employer, the agency can send the employee a “Right to Sue Letter” which would allow that individual to file a lawsuit either in Federal or State court.
By its nature, any sex or gender discrimination lawsuit is highly fact-sensitive, underscoring the need for a skilled attorney.
DO I NEED A SEX DISCRIMINATION LAWYER?
If you live in Idaho and believe that you have been discriminated against in the workplace because of your sex, gender or gender identification, your first step must be to contact a law firm that is knowledgeable and experienced in both employment and sex discrimination law, two highly complex and detailed fields of the law. Fortunately, such a firm exists in Boise, Idaho Employment Law Solutions. For a small initial consultation fee, the firm will examine whether your claim has legal merit. If it does, and you decide to retain the firm, they will design an effective case strategy and will explain in detail the many steps involved in advancing your claim and settling your matter to your satisfaction. If you decide to retain Idaho Employment Law Solutions, you will have the assurance of knowing that they have great experience in litigating sexual discrimination claims and will always advocate diligently on your behalf.
Is Sexual Identity Discrimination Prohibited by Title VII?
The Supreme Court in Bostock v. Clayton County, 140 S.Ct.34 (2020) held that Title VII’s prohibition of discrimination based on sex applies equally to prohibit discrimination on the basis of sexual orientation or gender identity. The Court stated that “…it is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex. Bostock v Clayton Cty., 140 S.Ct.1731,1741 (2020)”. This decision overruled previous holdings that transgender persons are not a protected class under Title VII.
The Court explained its decision through an example of two employees, one man and one woman, who are attracted to men. If an employer fired the man because he is attracted to men but would not do the same to the woman because she is attracted to men, the employer took that action because of his sex, as the discharge would not have happened but for him being a man. Following the Bostock decision, the EEOC issued guidance on sexual orientation and gender identity discrimination in the workplace. The guidance states that certain types of workplace conduct may constitute discrimination based on sexual orientation or gender identity and give rise to an unlawful hostile work environment.
CONTACT AN IDAHO GENDER DISCRIMINATION LAWYER
Idaho Employment Law Solutions is an African-American and Veteran-owned law firm providing quality and efficient legal counsel to businesses, organizations, employers/employees, as well as individual multi-cultural clients located throughout Idaho.
Idaho Employment Law Solutions is skilled in handling charges of discrimination based on gender, sexual orientation, disability, religion, race, national origin, and pregnancy submitted to the Equal Employment Opportunity Commission (EEOC), the Idaho Human Rights Commission, the U.S. Department of Health and Human Services and the U.S. Department of Labor. Idaho Employment Law Solutions has extensive experience in handling complaints by employees about discrimination or harassment before those complaints become official charges of discrimination. Idaho Employment Law Solutions is experienced in guiding its business clients through sexual harassment investigations and provides advice on a case-by-case basis about the most effective way for the employer and employee to address claims of sex/gender discrimination. Contact us today at (208) 401-9343.