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Gender discrimination may lead to a Title VII lawsuit

On Behalf of | Mar 28, 2022 | Uncategorized

Gender discrimination involves mistreating employees based on gender or sexual orientation. As noted on the Equal Rights Advocates website, an employer that terminates an employee and hires someone of a different gender may have violated federal employment laws. If bias influences a hiring or firing decision, it may violate Title VII of the Civil Rights Act.

When two candidates apply for the same open position, a hiring manager must give them both equal consideration. With similar skills and experience, gender should not influence an employer’s decision. If two candidates have different histories, a manager may not choose the less experienced candidate based on gender.

Federal law prohibits discrimination when hiring or promoting candidates

During the recruiting process, employers may not encourage candidates of a particular gender to apply. The U.S. Equal Employment Opportunity Commission notes that a skills test may not exclude employees based on gender, age or race.

Employees may keep records of their company’s hiring and promotion procedures. If a candidate with less experience received a promotion based on gender, other candidates may suspect discrimination.

Personnel files may provide information for filing a lawsuit

By contacting the human resources department, an employee may review information regarding a coworker’s promotion. If an employee also experiences disparate treatment from coworkers, a manager may have created a hostile work environment. It may reflect retaliation for contacting the HR department.

As noted by Fast Company, a toxic workplace often generates tension and fear of retribution. In some cases, a manager may find a way to wrongfully terminate an employee to avoid further discussions about bias issues.

Wrongful terminations may occur when managers attempt to hide unlawful decision-making influences. Legal action may provide affected employees with relief that could include back pay and the benefits they would have received.