Many Kentucky residents like to believe that gender discrimination no longer exists, but sadly, they would be wrong. Women still receive unfair treatment when it comes to many aspects of their employment, but they do not have to take it.
Women Still Deal With Sexual Harassment
Even though men can also be the victims of sexual harassment, women still tend to be victims more often. When the harassment becomes pervasive and continues despite requests for it to stop, it then becomes a legal issue. It also creates a hostile work environment when the victim can no longer perform her or his job duties due to the harassment.
Women And Pregnancy Discrimination
Pregnancy is a temporary situation for a woman. However, it can come with complications and the need for accommodations and maternity leave. This causes some employers to change their attitudes toward pregnant employees. An employer may not treat a pregnant woman differently if she suffers complications and needs temporary leave and disability benefits. After the birth, an employer may violate the Family and Medical Leave Act of 1993, which allows a new mother extended leave and the ability to return to work.
Discrimination Due To Sexual Orientation
This type of discrimination has existed in the workplace for decades. In fact, many people felt the need to hide who they were to avoid discrimination and harassment. While the situation has improved dramatically with the institution of new federal and state laws, it still occurs. This, too, can create a hostile work environment if the harassment and discrimination are pervasive.
Frequently Asked Questions About Sexual/Gender Discrimination In Kentucky
As leading Kentucky discrimination attorneys, we have worked on numerous cases involving sexual discrimination. Here are some of the questions we most frequently hear from our clients.
What are the specific laws in Kentucky that protect against gender and sexual discrimination in the workplace?
In Kentucky, laws protecting against gender and sexual discrimination in the workplace include the following:
- Title VII of the Civil Rights Act of 1964
- Kentucky Civil Rights Act
- Equal Pay Act of 1963
- Pregnancy Discrimination Act
- Family and Medical Leave Act (FMLA)
An experienced discrimination attorney can help you understand what laws apply to your situation.
Can men also be protected under the laws that address sexual harassment, and if so, how?
Everyone, regardless of gender, is protected under the laws that address sexual harassment in the workplace. Sexual harassment laws prohibit sexual harassment in all forms, including but not limited to the following:
- Making sexual jokes or comments
- Displaying sexually explicit materials
- Making unwanted sexual advances
- Using derogatory or sexually suggestive language or gestures
- Making offensive comments about appearance or body
- Sending sexually explicit emails, texts or messages
- Making threats or promises in exchange for sexual favors
- Engaging in unwanted physical contact or groping
- Stalking or persistent unwanted attention
Sexual harassment can even include actions that are perpetrated by someone of the same gender as the victim.
What kind of evidence is needed to prove sexual harassment or discrimination in the workplace?
If you are subjected to sexual harassment in the workplace, the following are some of the kinds of evidence that can be helpful to prove your case:
- Documentation: Emails, memos and notes detailing incidents
- Witness statements: Coworkers, supervisors and others who witnessed harassment
- Formal complaints: Filed with HR or management
- Patterns or changes: Treatment after rejecting advances or complaints
- Employment records: Disparities based on gender or sexual orientation
- Psychological/medical evidence: Documenting harm caused by harassment
Discussing the specifics of your situation with a workplace harassment and discrimination lawyer can provide more insight.
Kentucky Employment Lawyers Can Help
If you face any of the above situations, you may have legal recourse. As soon as you realize or suspect that your employer discriminates against you and harasses you because of your gender, pregnancy or sexual orientation, it may be beneficial to sit down with one of our attorneys in order to assess your situation.
During a free initial consultation, we can advise you of your rights, provide you with advice regarding the next steps and advocate for you if the situation does not improve. Contact us here in Louisville at 502-791-9296 or online through our website to schedule an appointment today. You do not have to put up with harassment and discrimination of any kind, and you certainly do not have to go through it alone.
