Gender Discrimination Attorney Louisville KY
The attorneys at Abney Law are experienced in fighting gender discrimination in the workplace.
Whether you’re applying for your first job or you are up for that long-awaited promotion at work, you deserve to be evaluated on your experience, performance, and ability to do the job — not your gender.
Gender discrimination continues to be a widespread issue in various industries, from construction sites and boardrooms to schools, hospitals, and stores. At Abney Law, we firmly believe that talent, hard work, and professionalism should determine one’s career path, not gender. If you have been overlooked, underpaid, or subjected to harassment due to your sex, gender identity, or expression, you have legal rights – and we are here to protect them.
The Long Road: A Brief History of Title VII of the Federal Civil Rights Act of 1964
Legal Protections Against Gender Discrimination
The Kentucky Civil Rights Act and Title VII of the Federal Civil Rights Act make gender discrimination illegal. It is a violation of the law for employers to treat their employees differently or unfairly based on the employee’s sex or gender. These laws mean that it is illegal for your employer to pay you differently, give you undesirable assignments, hold you to higher workplace standards, refuse to hire or promote you, or otherwise treat you unfairly because of your sex or gender.
Importantly, “gender” in modern interpretations encompasses not only biological sex but also gender identity, transgender status and non-conformity to sex stereotypes. In Bostock v Clayton County (2020), the U.S. Supreme Court confirmed that firing someone on the basis of their transgender or gay identity is unlawful discrimination under Title VII. As a result, courts and agencies in Kentucky have increasingly followed this precedent, offering broader protections to LGBTQ+ workers.
The Persistent Wage Gap: More Than Just a Statistic
Recent studies have shown that a woman working full-time in the U.S., on average, earns $0.79 for every $1.00 made by a man. This wage gap only increases for women of color and the disabled. Laws like the federal Equal Pay Act and Kentucky’s equal pay laws make it illegal to pay an employee less just based on sex or gender.
The Equal Pay Act states that men and women should receive equal pay for “substantially equal” work in the same workplace. Job titles do not have to be identical, but the content of the job must be comparable in terms of skill, effort, responsibility, and working conditions. Employers cannot justify pay differences based solely on previous salary history, especially in light of evolving state and local laws.
Common Forms of Gender Discrimination in the Workplace
Gender discrimination can be overt or subtle, but all forms of it are illegal. Some examples include:
- Paying women less than men for doing the same job
- Promoting men over women who are equally or more qualified
- Assigning women to “support” roles while men handle client-facing or leadership duties
- Making assumptions about a woman’s commitment due to pregnancy, childcare, or marital status
- Mocking men in traditionally “female” roles (e.g., nursing, teaching, human resources)
- Enforcing dress codes that impose stricter standards on women, such as makeup requirements or skirt mandates
- Excluding transgender employees from bathrooms or facilities that match their gender identity
- Discriminating against employees who do not conform to gender norms, such as a woman being labeled “too aggressive” for assertive behavior that would be praised in a man
Employers should not penalize employees for behaviors that are acceptable in other genders, as this can lead to discrimination.
Sexual Harassment as a Form of Gender Discrimination
Sexual harassment is also considered to be a form of gender discrimination because sexual harassment is almost always sex or gender-based.
This includes both quid pro quo harassment, such as “sleep with me or you’re fired”, and hostile work environments created by unwelcome sexual comments, advances, or behavior. Even “compliments” or “jokes” can become harassment if they create an intimidating or offensive atmosphere, especially when repeated after objections.
It’s important to note that victims of sexual harassment are protected, regardless of the harasser’s gender. Both men and women, as well as nonbinary individuals, can be targets of harassment, as can perpetrators of such behavior.
What Should You Do If You Experience Gender Discrimination?
If you suspect gender-based mistreatment at work, it’s important to take immediate action. Here are some steps you can take:
- Document everything: Keep a record of dates, times, locations, and any witnesses or specific statements or actions that occurred. Save emails, pay slips, and performance reviews as evidence.
- Report internally: Follow your company’s anti-discrimination policies and report the incident to your employer. Keep a copy of the complaint for your records.
- Avoid retaliation: Do not quit impulsively, as this could be seen as a form of retaliation. Instead, try to negotiate a constructive discharge if the conditions at work are intolerable.
- Consult an attorney: It’s crucial to consult with an attorney as soon as possible. Deadlines for filing legal claims can be strict, and having an experienced attorney on your side can help ensure your rights are protected.
- Don’t assume your employer will “do the right thing”: Remember that many HR departments prioritize the interests of the company over individual employees. An independent attorney can help ensure that your rights are put first.
Learn More About Age Discrimination
You Deserve Fair Treatment—No Exceptions
Gender should never limit your potential. Whether you’re a single mother supporting your family, a professional navigating workplace biases, or a person facing stereotypes in a caring role – you have the right to equal opportunities and fair treatment under the law.
If you think your employer has treated or paid you differently because of your sex or gender, contact the gender discrimination attorneys at Abney Law online, or call (502) 498-8585 to schedule a free consultation.
Common Gender Discrimination FAQs
Gender discrimination occurs when you are treated unfavorably in any term or condition of employment because of your sex, gender identity, or gender expression. This includes discrimination based on pregnancy, childbirth, or related medical conditions. Illegal actions include, but are not limited to: paying you less for equal work, denying promotions or training opportunities, assigning less desirable tasks, subjecting you to different standards of discipline or performance, passing you over for hire, and firing you. Harassment and pregnancy discrimination are also specific, recognized forms of gender-based discrimination.
Both address pay inequality, but with different standards. The federal Equal Pay Act requires men and women to receive equal pay for substantially equal work performed in the same establishment. The jobs need not be identical, but must be very similar in skill, effort, responsibility, and working conditions. To defend a pay difference, an employer must prove it is based on a seniority system, a merit system, quantity/quality of production, or any factor other than sex.
A Title VII (or state law) gender discrimination claim has a broader scope, covering all aspects of employment (not just pay) and requires proving discriminatory intent. It can address unequal pay for comparable work (not just substantially equal) and other discriminatory actions like denial of promotion.
Yes, absolutely. The laws prohibiting sex discrimination protect all employees, regardless of gender. Men can face discrimination in fields traditionally dominated by women (e.g., nursing, childcare), be subjected to harassment or stereotypes about male roles, or be denied paternity or family leave that is afforded to female employees. The legal standards and protections are the same.
Discriminating against an employee because of pregnancy, childbirth, or a related medical condition is illegal sex discrimination under the Pregnancy Discrimination Act (PDA), an amendment to Title VII. This includes firing, demoting, denying promotions, forcing unpaid leave, or refusing to hire someone because they are pregnant. It also requires employers to treat pregnant employees the same as other employees with similar abilities or limitations. Additionally, the Family and Medical Leave Act (FMLA) and the Pregnant Workers Fairness Act (PWFA) provide further protections for leave and reasonable accommodations.
First, discreetly gather as much factual information as possible about the pay disparity. Document your own job duties, qualifications, experience, and pay history. If possible, learn the job titles, duties, and pay of comparable colleagues (public records or legitimate discussions can sometimes reveal this). Then, consult with an employment attorney. They can help analyze whether the jobs are “substantially equal” and advise on the best course of action, which may include a formal internal complaint or filing a charge with the EEOC. Do not publicly accuse your employer without legal guidance, as this could lead to retaliation.
You have strict deadlines. To preserve your right to file a lawsuit, you must first file a charge of discrimination with a government agency. In Kentucky, you typically have 300 days from the discriminatory act to file with the Equal Employment Opportunity Commission (EEOC) or the Kentucky Commission on Human Rights (KCHR). It is often 180 days for federal-only claims. Missing this deadline will almost certainly bar your claim. An attorney can ensure your charge is filed correctly and on time.
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