Title VII of the Civil Rights Act of 1964 prohibits gender and sex-based discrimination in federal workplaces. As an employee of the federal government, you are entitled to equal treatment regardless of your sex or gender. If you have been denied an employment opportunity or subjected to a hostile work environment because of your sex or gender, you may be entitled to back pay, benefits, and other remedies.
The first step in protecting your rights under Title VII is to file a discrimination claim with the Equal Employment Opportunity Commission (EEOC), starting with your agency’s equal employment opportunity counselor. Many cases are resolved here at the agency level. However, if your EEOC case is unsuccessful, you may need to take your case to federal court. In either scenario, due to the complex rules and strict timelines involved, it is strongly in your best interests to seek experienced legal representation.
At Melville Johnson, P.C., we have been representing federal employees in discrimination cases for more than 24 years. We have handled thousands of cases at the agency level, and we have taken appeals as high as the U.S. Supreme Court. If you are a victim of sex or gender discrimination, we can help you protect your rights under Title VII. We can seek just compensation for your pay and benefits, and if necessary we can seek to have your position reinstated or have you placed in a position to which you are legally entitled.
“I really appreciate how much Melville Johnson cared about my case. From the very beginning of the process, they were friendly and very informative. We won the case, and they were even helpful afterwards answering any questions or concerns. Thank you Melville Johnson, and I will definitely pass your good work along to others in need” – Jim R.
Sex and Gender Discrimination in Federal Workplaces: FAQs
Q: I was passed over for a promotion in favor of a less-experienced co-worker of the opposite sex. Do I have a claim for gender discrimination?
Possibly. Title VII prohibits the federal government from making employment decisions based solely on a person’s sex or gender. If you were the most qualified candidate for the job and the job was still given to someone of the opposite sex, you may be a victim of gender discrimination.
Q: Is the federal government required to compensate men and women equally?
In addition to being subject to Title VII, the federal government is also subject to the Equal Pay Act. This law requires employers (including the government) to pay men and women equal compensation for substantially equal work. So, men and women serving in different roles need not be paid equally; however, those who perform the same job functions generally must be paid equally, even if they have different titles. The factors that are considered when assessing potential violations of the Equal Pay Act include:
- The skill required to perform the job;
- The physical or mental effort required to perform the job;
- The degree of responsibility placed upon the employee; and,
- The physical working conditions and any potential hazards of employment.
Q: Can I file a gender discrimination claim based upon a general employment policy as opposed to a specific action directed at me personally?
Generally speaking, yes. As stated by the EEOC, “a[n] employment policy or practice that applies to everyone, regardless of sex, can be illegal if it has a negative impact on the employment of people of a certain sex and is not job-related or necessary to the operation of the business.”
Q: Is sexual harassment a form of gender discrimination?
Yes. Sexual harassment is considered a form of gender discrimination under Title VII. Both men and women can file sexual harassment claims for prohibited conduct such as:
- Unwelcome sexual advances
- Unwanted physical contact
- Other forms of verbal harassment that are sexual in nature or relate to a person’s sex
5 Reasons to Choose Melville Johnson, P.C.
If you believe that you may be a victim of gender discrimination, we encourage you to contact us for a confidential consultation. Here are five reasons why thousands of federal employees have trusted the attorneys at Melville Johnson, P.C. to handle their EEOC claims and appeals:
- Experience – Our attorneys bring more than 30 years of combined experience to the table.
- Focus – We focus exclusively on representing federal employees in employment-related matters.
- Team – Our attorneys and legal professionals work together to provide personalized client service and effective legal representation.
- Passion – We understand what it means to be denied an employment opportunity, and it is our mission to ensure that our clients receive the compensation and advancement they deserve.
- Integrity – Our clients’ interests are our top priority, and we do what it takes to protect our clients’ federal rights.
To discuss your case in confidence, please call (888) 594-0424 or contact us online. If we cannot answer your call immediately we will be in touch as soon as possible.