What is the case law regarding gender discrimination in the workplace?

Specifically, a female worker, cohabiting with a female domestic partner, who also has an adopted child with a medical condition, feels she has been discriminated against in her professional workplace. She has an excellent track record with the company but has been passed over time and time again for promotions, while all the males who have been with the company for relatively the same amount of time have been promoted 1 or more times. Does anyone know case law that would be helpful to building a case for this woman?

You don’t build a case on case law without being able to prove the relevant facts of the complaint. So if the female worker is claiming discrimination based on her sex, she will have to provide grounds for her complaints.

Frankly, from what you have posted here I would suggest you speak with a local attorney who can review the issues and offer guidance.

This is not an easy or cheap lawsuit to bring and NOT one I would advise anyone not an attorney to bring before the court. The laws and the issues are far too complex.

Post Author: mark

2 thoughts on “What is the case law regarding gender discrimination in the workplace?

    hexeliebe

    (January 10, 2010 - 11:47 pm)

    You don’t build a case on case law without being able to prove the relevant facts of the complaint. So if the female worker is claiming discrimination based on her sex, she will have to provide grounds for her complaints.

    Frankly, from what you have posted here I would suggest you speak with a local attorney who can review the issues and offer guidance.

    This is not an easy or cheap lawsuit to bring and NOT one I would advise anyone not an attorney to bring before the court. The laws and the issues are far too complex.
    References :

    nixdad96

    (January 11, 2010 - 12:26 am)

    In order for you to win a gender discrimination case, you must prove that your performance was more than equal to the male employees that were promoted. Since this is a civil case, the burden of proof is on you to prove that the preponderance of the evidence shows that you have been wronged.

    There is a case that will be argued before the United States Supreme Court on 11/27/2007 that may affect how your potential case will be decided.

    Lilly Ledbetter vs Goodyear Tire and Rubber Co., Inc.

    Please also refer to these two cases that were cited in the Writ of Certiorari.

    BAZEMORE v. FRIDAY, 478 U.S. 385 (1986) and NATIONAL RAILROAD PASSENGER CORP. v. ABNER MORGAN, JR. 536 U.S. 101 (2002)
    References :

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