So what do you need to prove gender discrimination? Well it is very rare that you will have actual evidence of direct discrimination. That is, that management will write a memo saying don't hire any women for the job. So what is needed is what's called indirect evidence. You will show your qualifications, your education and the qualifications of the person who received the job. Other than your gender what was different? Did other men apply for the job and reach the next level of interviews? Does the company have a pattern of hiring only females for management positions? If the case makes it to litigation and you can take depositions or get the notes of the people doing the interview, are there negative comments about a bad interview or were they positive. These are just a few of the items you need to prove your case. Speaking with an experience attorney who practices in front of the IDHR would be your best bet in winning your case of gender discrimination.

The answer for most cases is the IHRC. One major factor in filing with the IHRC is the cost. There is no cost in filing at the IHRC. Additionally, in my opinion the case will work its' way to trial at a faster pace than filing in the local circuit court. The downside in filing at the IHRC is you can't have a jury trial. All cases filed at the IHRC are heard by an administrative law judge. Remember the goal of any case is to get money in your pocket. Having a good negotiator on your side maximizing your settlement is key.

What I suggest you do is evaluate whether or not there is some other reason why the boss is always yelling at you or throwing things. Is it because you are female? Are you the only person in your office that this is happening to ? So even though it may seem like he is just being a jerk, perhaps he is really discriminating against you based on a protected category. It is free to call my office and discuss the issue so why not ? You should work hard to protect your rights and not let the boss get away with this type of behavior.

Details in the lawsuit allege the company told McMillan the job of a salesman was too dangerous for a woman, and that she would not be a good mother if she were on the road meeting customers. Apparently McMillan was also paid less money than her male counterparts. It is hard to believe people in leadership positions still make comments like this. The EEOC was able to settle this quickly and McMillan received a nice payday.

“Women make valuable contributions to the work force, yet they are too often denied opportunities at work based on gender stereotypes and old-fashioned ideas about a woman’s proper place,” said EEOC attorney Delner Franklin-Thomas.

The lawsuit also alleged that older employees were denied leadership training and laid off to make way for younger leaders. During discovery in the lawsuit the EEOC uncovered an employee e-mail describing then-CEO Jim McNerney’s “vision for leadership development” as “we should be developing 30 year olds with General Manager potential” and “He wants us to tap into the youth as participants in the leadership development.” These were all code words for get rid of the old workers and hire new younger ones. Well the EEOC did not give up and held the companies feet to the fire. A settlement this large should send a signal to other would be discriminating companies.

“The law requires employers to base employment decisions upon each person’s strengths and talents instead of relying upon generalized assumptions calculated around an employee’s age,” said EEOC attorney Michael Baldonado.

However if the boss is just a jerk and yells and screams there isn't much you can do about it. Unless the boss is treating you different because of your gender or race or other protected class you just have to take it. Perhaps in the future the legislature will pass a general harassment law but until they do, there isn't one. However, sometimes after talking to employees I can determine that the boss is picking on the person and perhaps the person is the only female at work so perhaps it is really a gender discrimination case. The bottom line is to speak with an employment attorney.

In Illinois there is a rise in general on discrimination cases including gender discrimination. The workforce is so tight and scared right now that many employees believe they have to put up with discrimination because they fear for their jobs. It is very important that people still stand up for their rights and don't get pushed around.

“MV Transportation is to be commended for agreeing to substantial injunctive relief and we hope other employers will take similar proactive action,” said EEOC attorney Anna Y. Park.

According to published accounts Bank of the West refused to hire a woman for the position of branch manager of its Quail Creek branch because of her gender-female. Although the managers with hiring authority acknowledged that she was the best-qualified candidate for the job, they claimed they denied her the job because she stated she needed two weeks before starting to make child care arrangements. You cannot take an adverse action against a person based on gender and in this case that is what happened.

“Over 45 years after the passage of Title VII, discrimination against women in the workplace continues to be a problem,” said EEOC Attorney Barbara Seely. “Corporate America must be more vigilant in guarding against job bias affecting female workers or risk action and exposure by the EEOC.”

In a really troubling admission upper management allegedly said

“Boys will be boys.”

“I stood up for myself and, ultimately, through this process, for other women,” said Debbie Berntsen, one of the two discrimination victims. “Companies like this need to know that they can’t allow women to be treated this way in any workplace.”

When mechanical foreman Timothy Shultz refused to fire Cusato solely because she was considered a “troublemaker” for complaining about the gender discrimination, both were fired as retaliation. This type of activity is not acceptable and will result in a lawsuit every time. I am glad Mr. Shultz stood up and refused to follow the company line. The company should change the way it does business and the way it treats employees.

“Employers have a responsibility to maintain an environment free of gender-based harassment and retaliation, which are clearly and simply illegal,” said EEOC Attorney Debra M. Lawrence.

The second lawsuit was filed by Former clinical law teacher Alice Stewart. She filed a gender discrimination and retaliation lawsuit against the University. She alleged the current Dean Ken Gormley reduced her pay, demoted her and moved her to an office outside the law school building in retaliation for a sexual harassment claim she filed against him in 2006. Retaliation occurs when a negative job action results after you file a claim of discrimination. You can see how long these cases can last and the best thing to do usually is to try and settle.

"We have resolved their differences and Ms. Stewart is leaving to pursue other interests. The university wishes her well." Statement issued by the University.

Norfolk removed Class from yardmaster training and replaced her with a less qualified male employee, claiming that it removed her from the training based on its policy prohibiting individuals from directly or indirectly supervising, or being supervised by, a relative. Of course this was ridiculous and the basis on the lawsuit. I think the amount paid should be a good indication as to what really took place.

“The EEOC will take action when employers use company policies or practices to deprive women of equal training and employment opportunities,” said EEOC attorney Spencer H. Lewis, Jr.

Right now in Illinois there is no general harassment law or bullying law. Which means that the hostile work environment can only be claimed if it is based on acts that violate the Illinois Human Rights Act or Title VII of the Civil Rights Act of 1964. Bascially, there has to be some category of discrimination that is violated--like sexual harassment or gender discrimination. If you are unsure of whether or not you have a legitimate case, you should contact my office to get an opinion. It is very important to do so early because there are strict time limits for filing claims and if you miss them, your case is lost.

On a daily basis the co-owner insulted the female employees by making sexual commnets and hostile commets to women. The clinic failed to exercise its duty of reasonable care to prevent and correct the sexually harassing behavior. It became obvious the owners knew what was taking place and did nothing to stop it. The offending co-owner fired at least three of the women and forced others to quit. When someone is forced to quit it is referred to as a constructive discharge.

EEOC attorney Timothy Riera said, “Sexual harassment and gender discrimination remain problems in Hawaii, and it is important to remember the debilitating effects that such misconduct can have on a work environment."

Additional odd behavior by the company included Guaman’s requests for vacation days being denied, even though she asked prior to white co-workers who were granted vacation for the same dates. Guaman was discharged from her position a few months after she raised the differential treatment to human resources which is the basis of the retaliation charge. Many times it isn't a company policy to discriminate but rather the actions of a manager. This underscores how important it is to properly train employees and members of management.

“Employers should guard against bias creeping in to distort company policies, and training staff is an important preventive measure,” said EEOC Attorney William R. Tamayo.