An open and fair work environment is stipulated in Title VII of the Civil Rights Act of 1964. The Act protects individuals from gender discrimination. It states “The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.” Gender prejudice or gender discrimination involves treating an employee unfavorably because of the person’s sex and may constitute a cause of action under anti-discrimination statutes.
Employment discrimination litigation is challenging. The employment discrimination expert witness presents unbiased testimony and opinions based on the facts uncovered in the discovery process. These experts must be knowledgeable in employee and labor practices, which may reveal problems with sexual discrimination. Sexual discrimination refers to any bias towards an individual based on his or her gender, which may take the form of wrongful termination, wage loss, or other unfair practices.
In Melissa Bailey v. Randolph Township, Officer Melissa Bailey was awarded $50K in her gender bias lawsuit against Randolph Township. After 17 years on the police force, Officer Bailey described her sergeant “pressing up against her” and speaking “loudly in her ear” after she questioned him on the scoring process for a sergeant’s exam which she did not pass. She testified that she was targeted with internal affairs investigations and corrective action mandates while the male officers were not. The jury agreed that Bailey had been harassed and retaliated against by other officers because of her sex.
Gender bias litigation involves allegations of unequal treatment in employment opportunities, e.g. promotion, pay, and benefits. The employment discrimination expert witness is trained to evaluate whether unequal treatment based on sex has taken place. These experts are critical in cases such as Officer Melissa Bailey v. Randolph Township. While the municipality refused to admit that gender discrimination existed in the police department, the jury disagreed.