When Do I Need a Gender Discrimination Lawyer?

Gender Discrimination

Jackson Spencer Law is a law firm dedicated to advocating for clients who have struggled with gender or sex discrimination in the workplace. With a proven track record spanning over 100 years of combined legal experience, our experienced team has garnered numerous accolades for our commitment to justice. Specializing in both Texas and federal employment law, we possess a comprehensive understanding of the legal landscape, ensuring effective representation, even as the law changes with court decisions. Accessibility is a key hallmark of our service, with a commitment to responsive communication and keeping clients informed throughout the legal process. Moreover, Jackson Spencer Law prioritizes confidentiality, promising to safeguard the privacy of clients while delivering support and legal expertise to those facing gender or sex discrimination challenges in their professional lives. If you feel like your sex or gender identity is preventing you from getting hired, promoted, or has led to your termination, you have rights.

Jump to:
Gender & Sex Discrimination Laws
Examples of Gender & Sex Discrimination
What to Do If You’ve Been Discriminated Against
The Gender Discrimination Lawyers at Jackson Spencer Law Are Here To Help

Gender Discrimination

Jackson Spencer Law is a law firm dedicated to advocating for clients who have struggled with gender or sex discrimination in the workplace. With a proven track record spanning over 100 years of combined legal experience, our experienced team has garnered numerous accolades for our commitment to justice. Specializing in both Texas and federal employment law, we possess a comprehensive understanding of the legal landscape, ensuring effective representation, even as the law changes with court decisions. Accessibility is a key hallmark of our service, with a commitment to responsive communication and keeping clients informed throughout the legal process. Moreover, Jackson Spencer Law prioritizes confidentiality, promising to safeguard the privacy of clients while delivering support and legal expertise to those facing gender or sex discrimination challenges in their professional lives. If you feel like your sex or gender identity is preventing you from getting hired, promoted, or has led to your termination, you have rights.

Jump to:
Gender & Sex Discrimination Laws
Examples of Gender & Sex Discrimination
What to Do If You’ve Been Discriminated Against
The Gender Discrimination Lawyers at Jackson Spencer Law Are Here To Help

Gender & Sex Discrimination Laws

Specific laws have been enacted to ensure that everyone, regardless of their gender identity or sex, is treated fairly and equally in various aspects of life, including education, employment, and public services. Jackson Spencer Laws aims to help you fight discriminatory practices in the workplace. We specialize in recognizing discrimination and subpar enforcement of anti-discrimination laws. Some of these laws include:

  • Title VII of the Civil Rights Act of 1964:
    • Title VII is a landmark U.S. federal law that prohibits discrimination based on race, color, religion, sex, or national origin. It covers various aspects of employment, including hiring, promotion, compensation, and termination. Title VII protects against sex and gender discrimination, encompassing issues such as sexual harassment and gender-based stereotypes.
    • The Supreme Court decisions in Bostock v. Clayton County, Altitude Express, Inc. v. Zarda, and R.G. & G.R. Harris Funeral Homes Inc. v. EEOC & Aimee Stephens affirmed that Title VII’s prohibition on sex discrimination extends to sexual orientation and gender identity discrimination. 
    • The Lilly Ledbetter Fair Pay Act of 2009 extended the amount of time an employee has to file a claim of pay discrimination under Title VII.
  • Equal Pay Act of 1963:
    • The Equal Pay Act (EPA) prohibits wage discrimination based on sex. It mandates that men and women who perform substantially similar work be paid equally, including equal pay for equal work in jobs that require similar skill, effort, and responsibility.
  • Pregnancy Discrimination Act (PDA):
    • The PDA is an amendment to Title VII and prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions. It ensures that pregnant people affected by these conditions are treated the same as other employees or applicants with similar abilities or limitations.
  • Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act):
    • The PUMP Act is an addition to the Fair Labor Standards Act (FLSA) that requires employers to provide break time and a private place for breastfeeding employees to pump breast milk.
  • Pregnant Workers Fairness Act (PWFA)
    • A relatively new law enacted in June 2023, the PWFA requires employers to provide reasonable accommodations to employees related to pregnancy, childbirth, or other related medical conditions.
  • Age Discrimination in Employment Act (ADEA):
    • Although not specific to gender, the ADEA prohibits employment discrimination against individuals aged 40 or older. It ensures that age is not a determining factor in hiring, promotion, compensation, or termination.
  • Americans with Disabilities Act (ADA):
    • The ADA prohibits discrimination against qualified individuals with disabilities, including those with disabilities related to pregnancy or childbirth. While not specifically focused on gender, it addresses issues of intersectionality between gender and disability, including temporary disabilities related to pregnancy, such as gestational diabetes.
  • Family and Medical Leave Act (FMLA):
    • The FMLA provides protected leave because of a serious medical condition of the employee, their spouse, their parents, or their children. While not specifically focused on gender, it protects an employee’s need to miss work in order to care for close family members who are seriously ill.
  • State and Local Laws:
    • Many states and local jurisdictions have additional laws protecting against gender and sex discrimination. These laws may provide additional protections or cover smaller employers not subject to federal laws, in which case, Jackson Spencer law can aid in identifying if any other gender discrimination laws have been broken. 

Gender & Sex Discrimination Laws

Specific laws have been enacted to ensure that everyone, regardless of their gender identity or sex, is treated fairly and equally in various aspects of life, including education, employment, and public services. Jackson Spencer Laws aims to help you fight discriminatory practices in the workplace. We specialize in recognizing discrimination and subpar enforcement of anti-discrimination laws. Some of these laws include:

  • Title VII of the Civil Rights Act of 1964:
    • Title VII is a landmark U.S. federal law that prohibits discrimination based on race, color, religion, sex, or national origin. It covers various aspects of employment, including hiring, promotion, compensation, and termination. Title VII protects against sex and gender discrimination, encompassing issues such as sexual harassment and gender-based stereotypes.
    • The Supreme Court decisions in Bostock v. Clayton County, Altitude Express, Inc. v. Zarda, and R.G. & G.R. Harris Funeral Homes Inc. v. EEOC & Aimee Stephens affirmed that Title VII’s prohibition on sex discrimination extends to sexual orientation and gender identity discrimination. 
    • The Lilly Ledbetter Fair Pay Act of 2009 extended the amount of time an employee has to file a claim of pay discrimination under Title VII.
  • Equal Pay Act of 1963:
    • The Equal Pay Act (EPA) prohibits wage discrimination based on sex. It mandates that men and women who perform substantially similar work be paid equally, including equal pay for equal work in jobs that require similar skill, effort, and responsibility.
  • Pregnancy Discrimination Act (PDA):
    • The PDA is an amendment to Title VII and prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions. It ensures that pregnant people affected by these conditions are treated the same as other employees or applicants with similar abilities or limitations.
  • Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act):
    • The PUMP Act is an addition to the Fair Labor Standards Act (FLSA) that requires employers to provide break time and a private place for breastfeeding employees to pump breast milk.
  • Pregnant Workers Fairness Act (PWFA)
    • A relatively new law enacted in June 2023, the PWFA requires employers to provide reasonable accommodations to employees related to pregnancy, childbirth, or other related medical conditions.
  • Age Discrimination in Employment Act (ADEA):
    • Although not specific to gender, the ADEA prohibits employment discrimination against individuals aged 40 or older. It ensures that age is not a determining factor in hiring, promotion, compensation, or termination.
  • Americans with Disabilities Act (ADA):
    • The ADA prohibits discrimination against qualified individuals with disabilities, including those with disabilities related to pregnancy or childbirth. While not specifically focused on gender, it addresses issues of intersectionality between gender and disability, including temporary disabilities related to pregnancy, such as gestational diabetes.
  • Family and Medical Leave Act (FMLA):
    • The FMLA provides protected leave because of a serious medical condition of the employee, their spouse, their parents, or their children. While not specifically focused on gender, it protects an employee’s need to miss work in order to care for close family members who are seriously ill.
  • State and Local Laws:
    • Many states and local jurisdictions have additional laws protecting against gender and sex discrimination. These laws may provide additional protections or cover smaller employers not subject to federal laws, in which case, Jackson Spencer law can aid in identifying if any other gender discrimination laws have been broken. 

Examples of Gender & Sex Discrimination

While workplace discrimination is not always easy to recognize, there are several red flags that may indicate gender discrimination. These include:

  • Being terminated because of gender bias (such as a woman who is terminated for being “too emotional” or a man who is fired after revealing that he is the primary caretaker for his children)
  • Being selected for lay-off when others of a different gender in the same or similar position as you were not selected, especially if the others have worse performance than you
  • Pay differences based solely on gender
  • Hiring practices that exclude women, non-binary people, or trans people
  • Policies that are only applied to or enforced against one gender, or policies prohibiting gender identification, such as policies against using “they/them” pronouns or identifying yourself as a member of the LGBTQ+ community
  • Preventing trans people from using bathrooms that match their gender identity
  • Lack of family policies that disproportionately impact one gender over the other 
  • Exclusion or segregation to certain roles or tasks based purely on gender
  • Retaliation for bringing forward any sex discrimination complaints
  • A workplace that creates a hostile and/or unwelcome environment for one gender 
  • Verbal harassment concerning gender-specific traits, and
  • Inappropriate or prying questions or comments about medical information or biological characteristics, such as:
    • “Everyone knows there’s only two genders, so what do you look like down there?” or other questions about a person’s assigned gender at birth, genetics, or anatomy
    • “Have you had the surgery yet?”
    • “I can’t wait until your pregnancy boobs come in!”
    • “You’re lucky you have a high voice so you can pass as a girl.”

Gender discrimination claims can be complex, especially when facing your employer’s legal team and an uninformed company. Your employer’s human resources department may try to downplay your concerns or convince you not to file a complaint. This is where it helps to have the guidance and expertise of employees’ rights lawyers on your side.

While workplace discrimination is not always easy to recognize, there are several red flags that may indicate gender discrimination. These include:

  • Being terminated because of gender bias (such as a woman who is terminated for being “too emotional” or a man who is fired after revealing that he is the primary caretaker for his children)
  • Being selected for lay-off when others of a different gender in the same or similar position as you were not selected, especially if the others have worse performance than you
  • Pay differences based solely on gender
  • Hiring practices that exclude women, non-binary people, or trans people
  • Policies that are only applied to or enforced against one gender, or policies prohibiting gender identification, such as policies against using “they/them” pronouns or identifying yourself as a member of the LGBTQ+ community
  • Preventing trans people from using bathrooms that match their gender identity
  • Lack of family policies that disproportionately impact one gender over the other 
  • Exclusion or segregation to certain roles or tasks based purely on gender
  • Retaliation for bringing forward any sex discrimination complaints
  • A workplace that creates a hostile and/or unwelcome environment for one gender 
  • Verbal harassment concerning gender-specific traits, and
  • Inappropriate or prying questions or comments about medical information or biological characteristics, such as:
    • “Everyone knows there’s only two genders, so what do you look like down there?” or other questions about a person’s assigned gender at birth, genetics, or anatomy
    • “Have you had the surgery yet?”
    • “I can’t wait until your pregnancy boobs come in!”
    • “You’re lucky you have a high voice so you can pass as a girl.”

Gender discrimination claims can be complex, especially when facing your employer’s legal team and an uninformed company. Your employer’s human resources department may try to downplay your concerns or convince you not to file a complaint. This is where it helps to have the guidance and expertise of employees’ rights lawyers on your side.

What to Do If You’ve Been Discriminated Against Because of Your Sex or Gender

When employers and colleagues violate anti-discrimination laws, they deserve to be held accountable. Remember, gender bias laws protect everyone, not just women.

If you are facing discrimination, harassment, or retaliation because of your sex, gender identity, gender expression, or pregnancy status, here are some helpful tips to follow:

  • Try to remain calm and collected. Even though discrimination is infuriating, cursing or threatening your employer or co-workers (or making a negative post on social media) could potentially hurt your claims.
  • Keep a written record of incidents of discrimination or unfairness in a notebook that you keep at home. Include details such as date, time, location, and the names of anyone involved – including witnesses. Don’t use company time or equipment to make these notes.
  • Report discriminatory treatment to your company’s human resources department. In your complaint, use specific language highlighting why you believe you are being discriminated against (e.g. “I’m being discriminated against because I am bisexual”). If your employer has a policy for reporting mistreatment, be sure to follow the policy. If your employer reacts poorly to your report, you may have a claim for retaliation in addition to discrimination.
  • Finally, contact an employee rights lawyer. An attorney can evaluate whether you have a legal claim and help improve your chances of a successful outcome.

The gender discrimination lawyers at Jackson Spencer can help workers recover lost wages, emotional distress damages, and other losses caused by the many forms of workplace discrimination, harassment, or retaliation.

What to Do If You’ve Been Discriminated Against Because of Your Sex or Gender

When employers and colleagues violate anti-discrimination laws, they deserve to be held accountable. Remember, gender bias laws protect everyone, not just women.

If you are facing discrimination, harassment, or retaliation because of your sex, gender identity, gender expression, or pregnancy status, here are some helpful tips to follow:

  • Try to remain calm and collected. Even though discrimination is infuriating, cursing or threatening your employer or co-workers (or making a negative post on social media) could potentially hurt your claims.
  • Keep a written record of incidents of discrimination or unfairness in a notebook that you keep at home. Include details such as date, time, location, and the names of anyone involved – including witnesses. Don’t use company time or equipment to make these notes.
  • Report discriminatory treatment to your company’s human resources department. In your complaint, use specific language highlighting why you believe you are being discriminated against (e.g. “I’m being discriminated against because I am bisexual”). If your employer has a policy for reporting mistreatment, be sure to follow the policy. If your employer reacts poorly to your report, you may have a claim for retaliation in addition to discrimination.
  • Finally, contact an employee rights lawyer. An attorney can evaluate whether you have a legal claim and help improve your chances of a successful outcome.

The gender discrimination lawyers at Jackson Spencer can help workers recover lost wages, emotional distress damages, and other losses caused by the many forms of workplace discrimination, harassment, or retaliation.

The Gender Discrimination Lawyers at Jackson Spencer Law Are Here to Help

In many cases, victims do not report their experiences because they fear that no one will believe them or take them seriously. Sometimes, it can be intimidating just to talk to someone who you aren’t sure will understand the terminology you’re using, let alone understand what you’ve been through. Having a person on your side that understands not only the law, but how to navigate a culture of gender discrimination, can make a big difference.

At Jackson Spencer Law, our experienced gender discrimination attorneys will ensure your story is heard. If you are facing workplace gender discrimination, we can determine if you have a valid claim, inform you of your rights, and help improve your chances of legal success.

We’re proud of what we’ve accomplished on behalf of our clients and thrilled when justice prevails. We’re committed to achieving justice for workers and we have many success stories of working with victims of workplace discrimination, including:

  • Obtaining a $359,199 settlement for a client who was sexually harassed by their boss over many years
  • Securing a $218,099 settlement for a client who was fired while on an approved FMLA leave to be with her adopted child
  • Winning $240,760 for a female director who was terminated after only 5 months of employment on the purported grounds of job elimination
  • Collecting $195,000 for a client who was fired for supporting a sexual harassment investigation against the company’s CEO

No Guarantee of Results

The descriptions above are intended only to provide information about the activities and experience of our attorneys and are not intended to be a guarantee or assurance of future success in any matter. Each matter described was dependent upon unique facts and circumstances, which are not fully detailed on this website, and should not be relied on to predict the results of any current or future matter.

In many cases, victims do not report their experiences because they fear that no one will believe them or take them seriously. Sometimes, it can be intimidating just to talk to someone who you aren’t sure will understand the terminology you’re using, let alone understand what you’ve been through. Having a person on your side that understands not only the law, but how to navigate a culture of gender discrimination, can make a big difference.

At Jackson Spencer Law, our experienced gender discrimination attorneys will ensure your story is heard. If you are facing workplace gender discrimination, we can determine if you have a valid claim, inform you of your rights, and help improve your chances of legal success.

We’re proud of what we’ve accomplished on behalf of our clients and thrilled when justice prevails. We’re committed to achieving justice for workers and we have many success stories of working with victims of workplace discrimination, including:

  • Obtaining a $359,199 settlement for a client who was sexually harassed by their boss over many years
  • Securing a $218,099 settlement for a client who was fired while on an approved FMLA leave to be with her adopted child
  • Winning $240,760 for a female director who was terminated after only 5 months of employment on the purported grounds of job elimination
  • Collecting $195,000 for a client who was fired for supporting a sexual harassment investigation against the company’s CEO

No Guarantee of Results

The descriptions above are intended only to provide information about the activities and experience of our attorneys and are not intended to be a guarantee or assurance of future success in any matter. Each matter described was dependent upon unique facts and circumstances, which are not fully detailed on this website, and should not be relied on to predict the results of any current or future matter.

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