Representation In Sex Discrimination And Equal Pay Cases
Has a company refused to hire you because of your gender? Have you been denied a promotion or training because of your gender? Are you being paid less than your male co-workers?
Foote, Mielke, Chavez & O’Neil, LLC, is experienced in representing employees in litigation alleging violations of Title VII, the IHRA and the EPA. The firm has successfully advocated on behalf of employees who have been unlawfully discriminated against on the basis of sex in the workplace and paid less because of gender.
You Have A Right To Equal Treatment And Equal Pay
Employees have a right to equal treatment and equal pay. There are both federal and state laws that protect employees from unfair/unequal wage and compensation practices. Congress enacted Title VII of the Civil Rights Act of 1964 (Title VII) to protect employees from discrimination in the workplace. Title VII is federal law that, among other things, prohibits an employer from discriminating against any individual in the workplace because of the individual’s sex. Specifically, Title VII forbids an employer from discriminating against an employee on the basis of sex in connection to hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits, and all other conditions of employment.
Similarly, the state of Illinois enacted the Illinois Human Rights Act (IHRA) to protect employees from discrimination in the workplace. The IHRA is state law that prohibits an employer from discriminating against an employee on the basis of sex with respect to hiring, recruitment, promotion, renewal of employment, selection for training or apprenticeship, firing, discipline, tenure or terms, and all other privileges or conditions of employment.
In addition to Title VII and the IHRA, the Equal Pay Act (EPA) requires that men and women receive equal pay for equal work in the same workplace. The Equal Pay Act encompasses all types of pay, including salary, overtime pay, bonuses, stock options, vacation and holiday pay. The Equal Pay Act applies to jobs that are substantially equal, not identical, in the same workplace.
What Is A Sex Discrimination Case?
Examples of possible sex discrimination cases include:
- A trucking company refuses to hire qualified female drivers.
- A female grocery store cashier works for 10 years without a promotion despite receiving positive annual reviews. Male cashiers with less experience, many of whom the female cashier trained, receive promotions within a few years of being hired.
- A lifeguard position requires applicants to complete 200 push-ups and run five miles in a specific amount of time. The requirements do not reflect qualities of successful lifeguards but, rather, serve to exclude women from being hired.
- A female employee and male employee both work in a warehouse and work together to supervise a group of 10 co-workers. The two employees have equal skill, effort and responsibility; however the male is paid $5 more per hour because his title is “Warehouse Manager” while the female’s title is “Warehouse Associate.”
- A company regularly pays a 7 percent holiday bonus to all male sales associates, but all female sales associates receive only a 5 percent holiday bonus.
- A female food processor is paid $1 less per hour than male food processors performing the same or substantially similar job duties.
- Female employees are given the position titled “housekeeper” and paid $1.50 per hour less than similarly situated male employees who are titled “janitor.”
Contact an attorney at Foote, Mielke, Chavez & O’Neil, LLC, for a Request Free Case Evaluation if because of your sex/gender you were:
- Denied promotion
- Denied training
- Denied time off or vacation time
- Scheduled for unfavorable shifts, work hours or days
- Demoted or transferred to a less favorable position
- Unfairly disciplined
- Denied benefits or privileges of employment that others are provided
- Paid less or denied bonuses
- Subjected to a hostile work environment, harassed, discriminated against or otherwise treated unfairly (differently) because of your gender
IMPORTANT: There are very important time limitations that govern your ability to bring a claim involving sex/gender discrimination or claims for unequal pay. It is imperative you seek immediate legal advice if you believe you have been subjected to sex/gender discrimination or unequal pay.
To reach an experienced lawyer, contact Foote, Mielke, Chavez & O’Neil, LLC, in Geneva, Illinois, by calling 630-232-7450.