Gender discrimination and uncompensated work legal steps?

Question

I was employed for 3.5 years as an assembler at my company. Two years ago, I applied for a position but did not receive it. On March 21, 2025, I expressed to my supervisor that I felt I was not selected because I am a woman, and he confirmed by saying "true." During my exit interview, I informed HR about this, and they seemed surprised and concerned. After submitting my resignation on March 17, my supervisor asked if more money would convince me to stay, and he promised to speak to his supervisor. However, on March 19, he whispered a profane remark in my ear, followed by a similar text. Despite his assurances, on March 21, his supervisor was unaware of my resignation due to my supervisor's deception. Additionally, I've documented instances where I was instructed to handle company tasks after clocking out, without compensation. I haven't personally witnessed other gender discrimination incidents but have heard of such occurrences. Given these issues of discrimination, deception, and uncompensated work, what legal steps can I take, and do I have grounds for action?

Kelly A Rochotte · Answer

Employment discrimination laws are complex and constantly changing, given recent executive orders. More information and details are needed than what you have provided here to fully assess whether you have a viable claim, or not. Depending on certain circumstances, your voluntary resignation from your position may undo any claim you may have had against the employer regarding failure to promote. It is worth consulting with an attorney in your county to see what options you may have.

James L. Arrasmith · Answer

It sounds like you’ve experienced serious issues with both discrimination and uncompensated work, which could give you grounds for legal action. Gender discrimination, as you described, is prohibited under federal law, specifically Title VII of the Civil Rights Act of 1964, and Ohio state law. Your supervisor’s admission that your gender played a role in not being selected for a position could be used as evidence of discrimination, especially if you can show that other, equally qualified candidates were selected based on factors other than gender. 
 
The second issue, where you were instructed to perform tasks after clocking out without compensation, is likely a violation of the Fair Labor Standards Act (FLSA), which mandates that employees be paid for all hours worked. Documenting these instances, along with the details of your resignation and the profane remark, will strengthen your case. 
 
To take legal action, you should first file a formal complaint with the Equal Employment Opportunity Commission (EEOC) regarding the gender discrimination. You can also file a wage claim with the U.S. Department of Labor for the uncompensated work. An attorney experienced in employment law can help guide you through the process of filing both claims and help you understand what steps to take next.

Q: Gender discrimination and uncompensated work legal steps?