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Proving and litigating a California gender discrimination claim

Gender discrimination is prevalent in virtually all California workplaces. In some cases, the discrimination is so subtle that it's difficult to prove. For example, imagine that you and a male co-worker are competing for the same job. You have the same qualifications, but he gets the job because he's male. This gender discrimination case will be harder to prove than one in which you were far more qualified than your male counterpart who ended up getting the position.

Alternatively, how about a case in which you suffered gender discrimination due to different clothing restrictions. Imagine that male employees can wear casual dress, but female employees must wear formal attire. This lawsuit might be relatively easy to prove with corroborating testimony from coworkers.

Example of a recent gender discrimination lawsuit

In a recent Los Angeles gender discrimination lawsuit, a woman who used to work for Independent Sports & Entertainment (ISE) filed an employment lawsuit on May 4. In the court documents, she indicates that ISE subjected her to discrimination and then retaliated by firing her.

She is seeking both monetary and non-monetary damages, in addition to punitive damages. The lawsuit alleges that her work environment was discriminatory and that ISE excluded her from participating in sports division retreats. Allegedly, ISE also paid her less money than her male equals received.

The lawsuit alleged that ISE prohibited the female employee from wearing walking shorts to work because it was "unprofessional." Meanwhile, ISE permitted male employees to dress in "beach attire."

ISE responded by claiming that the lawsuit was orchestrated by another former male employee, under whom the woman worked, and who allegedly wishes to "smear" ISE's reputation. This refutation by the defendant is to be expected.

Expect your employer to fight your employment lawsuit

As with most allegations of discrimination against a former employer, litigants can expect their ex-employer to try to fight and/or disprove their claims. This is part of most litigation surrounding a discrimination lawsuit.

Every named defendant in a lawsuit has the right to defend him- or herself by denying a plaintiff's claims. This does not mean that the defendant will win, but it is the defendant's right.

Get help with your gender discrimination lawsuit

California employees facing continual gender discrimination on the job -- and employees who have been retaliated against for complaining about that discrimination -- may have viable claims to seek financial restitution and justice in court. With the assistance of an experienced employment law attorney, victims of gender discrimination can evaluate their claims to identify the most appropriate methods for seeking the financial compensation they deserve.

Source: Nov. 30, -0001

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