Kansas City Sexual Discrimination Lawyers
Are you experiencing sexual discrimination at your workplace? Even if there is no direct threat to your job, sexual harassment can be considered a form of discrimination. Sex or gender discrimination is generally illegal. It can cause harm by denying jobs, equal pay, benefits, promotions or other things associated with successful employment.
A qualified Kansas City workplace sexual discrimination lawyer can help you understand your rights, guide you through the legal process, and fight for justice and compensation. At Holman Schiavone, LLC, we have focused our practice on helping employees confront employers who engage in, tolerate or ignore illegal practices such as sexual discrimination.
Please call us today at 888-493-5074.
Understanding Workplace Sexual Discrimination
Workplace sexual discrimination encompasses any form of discriminatory or harassing behavior or comments based on an employee’s sex or gender. Discrimination occurs when a group of employees is treated differently due to their protected status or minority group membership, such as racial discrimination. Broadly, the definitions are:
- Sex discrimination: When an employer discriminates specifically based on an individual’s sex or gender.
- Sexual harassment: A form of sex discrimination involving hostile, intimidating or abusive sexual comments, actions or conduct.
Contrary to popular belief, any individual, regardless of their gender, can be a victim of sexual harassment. The harasser could be a co-worker, supervisor or even a nonemployee such as a customer or client. A discrimination attorney can help victims navigate the legal process and seek justice.
Federal And State Discrimination Laws
Federal laws, such as Title IX of the Education Amendments, forbid discrimination based on sex in any program or activity that receives federal funding, thereby creating a structure to safeguard employees from workplace sexual discrimination. The U.S. Equal Employment Opportunity Commission (EEOC) is the organization that is against workplace discrimination. It enforces laws and protects employees from unfair treatment.
Under federal law, a charge of sexual discrimination must be filed within 300 days. However, this deadline can be extended in cases where the discriminatory behaviors are part of a continuing violation that has occurred over a period of time.
State-specific laws also play a significant role. The Missouri Human Rights Act prohibits employers from engaging in discrimination based on protected categories such as:
- Gender
- Age
- Race
- Disability
In Kansas, the Kansas Statutes, specifically Section 44-1009, directly address Kansas City employment discrimination. They define prohibited forms of discrimination and offer guidance on the legal standards within the state.
Identifying Sexual Discrimination In The Workplace
The initial step in combating workplace sexual discrimination is recognizing it. Indicators of sexual discrimination in the workplace include:
- Disparities in compensation
- Prejudiced recruitment choices
- Differential treatment in the context of promotions or performance appraisals
- Derogatory comments
- Jokes related to gender
- Exclusion from meetings or projects
- Language that reinforces gender stereotypes
- Requirements or disciplinary actions that disproportionately affect one gender over another
- Pressure to perform sexual favors for career advancement or to avoid negative consequences.
Some of these indicators may be of a sexual nature, contributing to a hostile work environment. Sexual harassment is illegal when it results in a hostile or offensive work environment or when an individual faces retaliation, such as demotion or disciplinary action.
The Signs Of A Hostile Work Environment
A hostile work environment resulting from sexual discrimination is defined by the presence of unwelcome, sexually suggestive:
- Comments
- Gestures
- Advances
- Pictures
- Emails
- Texts
- Physical touch
It is also considered hostile if the behavior is sufficiently severe or pervasive to create an abusive work atmosphere.
How Should You Deal With Sexual Discrimination In The Workplace?
If you experience sexual discrimination in the workplace, it is important to be aware of your rights and the measures you can take to pursue justice. This is an overview of the steps:
- Begin by gathering evidence
- Report the behavior to your employer’s HR department or a trusted supervisor
- Request a written letter
- Keep detailed notes
- If your internal complaint doesn’t lead to a satisfactory resolution, the next step is to file a formal charge with the state or federal government
As soon as possible, in the process, consult or hire a sexual harassment attorney. This ensures that your concerns are effectively communicated and provides legal protection from higher management or human resources. This approach also aims to facilitate a prompt resolution of the issue and safeguard your rights. If you have suffered damage from sexual discrimination, it may also be appropriate to file a lawsuit for damages in a state or federal court.
Compensation And Remedies For Victims Of Sexual Discrimination
Various types of compensation may be available to victims of workplace sexual discrimination, including:
- Compensatory and punitive damages
- Injunctive relief
- Lost wages
- Attorney’s fees
- Court costs
- Settlements
However, there are limitations on punitive damages. According to Missouri law, punitive damages are limited to five times the net amount of the judgment or $500,000, whichever amount is lower. The final amount can vary significantly based on the unique circumstances of each case.
The amount awarded for emotional distress can be determined through testimony from the employee and their acquaintances regarding psychological injury, supported by evidence from medical professionals. In instances of intentional discrimination, compensatory and punitive damages may also be granted.
Choosing The Right Kansas City Sexual Discrimination Lawyer
Various factors should be taken into consideration when choosing a lawyer for sexual discrimination in Kansas City. These include:
- Experience in sexual discrimination law
- Knowledge of federal and state laws
- Reputation and reviews
- Availability for a free consultation
- Communication skills
- Empathy toward your situation
A sexual harassment lawyer in Kansas City must possess specific legal experience. This ensures a deep understanding of sex and gender discrimination laws, as well as the ability to provide experienced representation for clients who have encountered such discrimination. Experience in sexual discrimination is essential for effectively navigating the complexities of these cases and advocating for the rights of the client.
Your Trusted Kansas City Sexual Discrimination Lawyer
At our firm, we are committed to advocating for the rights of employees and promoting a workplace environment characterized by dignity, respect and fairness. Victims often choose us for their employment discrimination claims because of our:
- Extensive experience
- Compassion
- Focus on protecting individual rights, particularly in workplace harassment cases
- Tenacious approach in holding negligent parties accountable.
Our team employs a comprehensive approach focused on securing equitable opportunities for the victims. Upon receiving a new case, we collaborate with the client to meticulously gather evidence and examine the facts. We also adhere to internal complaint procedures and maintain records of all pertinent communications to bolster the case.
Get Help In A Free Consultation With Our Discrimination Lawyers
At Holman Schiavone, LLC, we have represented clients in sexual discrimination cases against both large and small employers in Missouri and Kansas. Our initial consultation is always free of charge. We never charge legal fees until our client has won compensation. For more information about what we can do for you, please call us at 888-493-5074, or email us to schedule a free initial consultation.