Q: Should i Bring a sexual Discrimination lawsuit against my employer?

Im a woman, i currently work for my employer 3years in Akron Ohio, I asked the kitchen manager if i could transfer to the kitchen. His instant reply, very loudly, in front of multiple people was "No! Absolutely Not! You'll only F**K all my guys back there, thats the only reason you want to transfer!" Everyone busts out laughing, i was completely shocked n humiliated! The convo ended with him still telling me "No! You have no experience" but he has transferred and trained dozens of men from another dept that had no experience for that exact position. I KNOW he is Sexually discriminating against me & i know its wrong! Is this something worth bringing a lawsuit and would it be better to file my complaint with the federal EEOC or State?

1 Lawyer Answer
Neil Klingshirn
Neil Klingshirn
PREMIUM
Answered
  • Employment Law Lawyer
  • Independence, OH
  • Licensed in Ohio

A: Every case is different, so the best course is to get advice specific to your situation. That said, as a general rule you should evaluate the strength of the evidence for your claim, the amount of damages you could recover and the costs you will incur to recover those damages.

Here, your claim is that gender discrimination is blocking your advancement to a better position. The manager's statement is direct evidence of that discrimination. You can testify that he said it, as can any of the other witnesses. It will help if someone else can verify that your manager made that statement.

The more difficult part of your claim is damages. Once you prove that the company blocked your advancement because of your sex, you then have to prove that you lost something because of it, like higher wages or more hours from the promotion. Ohio and federal law also allow courts to compensate you for your non-pay losses, like the humiliation, frustration and upset that this discrimination caused. However, it is hard to put a price tag on that.

Finally, you need to factor in the cost to pursue a claim. If you hire a lawyer, expect the lawyer to spend $50,000 or more in lawyer time to get your case to a jury. In addition, your case will have $5,000 to $10,000 in deposition and other costs. You could avoid those costs by filing with the EEOC or the Ohio counterpart, the Ohio Civil Rights Commission, but you get what you pay for. The EEOC is currently closed due to the shutdown, and even when open it does not often advance the cases filed with it beyond issuing a right to sue.

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