Equal work, unequal pay: What to do if you’re the victim of gender discrimination
Women have tougher battles when navigating the tricky waters of office politics but what happens when the politicking involves salary and promotion inequities with male workers?
Allison Schieffelin was a convertible-bond sales representative at Morgan Stanley Dean Witter and Company. After more than a decade of employment, she shocked everyone when she filed a sex discrimination suit against the brokerage house, on behalf of herself and 100 other women employees. In a statement to the press, Schieffelin chronicled her version of events:
“I was so loyal to the firm that I bled Morgan Stanley blue… I had the respect of my peers and remained intensely dedicated to my clients… But in too many instances, women who were better educated, had better performance… more dedicated to their work… lost out in pay and promotion to their male counterparts… From the time I filed my charge with the EEOC, senior managers at the firm sought to denigrate my work, ostracize and humiliate me… They fired me without warning… after almost 15 years of service. Morgan Stanley destroyed my career and the retaliation that I endured has had the effect… of sending a loud message to women that if they complained, they too would be diminished from a somebody to a nobody…”
Instead of just suffering in silence or leaving her job feeling demeaned and defeated, Schieffelin decided to do something about it and it paid off—literally. She and the women received a settlement of $54 million in damages.
Schieffelin is not alone in her battle. Women workers are frequently passed over in salary and promotion considerations as compared to their male coworkers. According to the Equal Employment Opportunity Commission (EEOC), a federal agency that prohibits work-related discrimination, there were over 28,000 complaints of sex discrimination received in their offices in 2008. It’s a pattern of practice all too common in a society that ironically prides itself on equality.
By bringing her case to the attention of the public, Schieffelin has helped women come out from the shadows of suffering to protest illegal employment practices.
So what can you do if you feel victimized by disparate treatment on the job?
Keep a diary of events
“Your main focus in any diary is to reconstruct harmful events, workplace discrimination, oral promises of job security or statements to show you are being treated unfairly by a supervisor,” says Steven Sack, in his book, Getting Fired. Sack is an attorney specializing in employment matters.
For example, a supervisor will always ask a female employee fetch coffee while the male coworker gets invited to all the important meetings, or the male workers get special outings to events while the women employees are left out of the fun. If there are witnesses to the exchange, record his or her comments as well. Documenting any and all discriminatory acts can be your best defense against the abusive parties should you decide to file a suit.
Go to your HR office
Put in a complaint in writing to your human resources officer, protesting the biased action of your supervisors and your fear of retaliation for bringing it to their attention. The advantage of making this formal complaint is that the company will be very reluctant to fire you. Don’t forget to keep a record of H.R.’s response to your letter.
If, even after you make your feelings known, the acts of discrimination continue and perhaps even worsen, your employers may be acting out against you as a means of driving you out. It’s time to put the gloves on.
To quit or nor to quit, that is the question
“My advice is to avoid resigning wherever possible. This is because if you resign, you may be waiving a claim to unemployment and other severance benefits, including earned commissions. This is a trap that many employees fall into,” Sack warns.
The other advantage of sticking around, even in the worst of situations, is that you have time to arm gather any evidence should you decide to pursue legal action.
File away the post-its
Keep a careful record of any paperwork that has notes from a supervisor or a coworker praising your work and professional conduct. Keep any and all emails pertaining to the positive feedback you received about the client you pleased, the sales you made, and the problem you solved.
If you’re fired for any reason, you can counter false claims from a supervisor alleging poor work performance. How can the company deny the good job you did when the praise is there in black and white?
Recruit your fellow femmes
Getting together other women 
who have had similar experiences can be powerful allies to your cause. The more people you can get to corroborate with your claims, the better your chances have of winning your case for sex discrimination.
When faced with blatant forms of discrimination, women often feel powerless and trapped but it doesn’t have to be this way. Gathering evidence to support your claims can be the first step in rebuilding your self-esteem and confidence.
Take the ax to help your case
If the company still decides to fire you, even after you’ve made a complaint to H.R., take heart—they’ve just given you the weapon you need to assert your charges against them.
To add to your case of gender discrimination, you can now also include retaliatory discrimination to the mix. In Schieffelin’s case, her termination had a direct correlation with her filing a charge with the EEOC.
File a complaint with EEOC
It’s time to call the EEOC and let the wheels of justice do their thing. Founded in 1965, the EEOC (www.eeoc.gov) enforces the Title VII of the Civil Rights Act of 1964, which guarantees protection of persons of any race, religion, age, sex, or national origin.
“Employees are entitled to work in an environment free of sexual and gender discrimination. We take these complaints very seriously,” says Larry Pincus of the EEOC of New York. “What we do is investigate the companies and if we find a violation, we’ll conciliate on behalf of the charging party. If that fails, we’ll file a lawsuit. But the most important thing is that women mustn’t be afraid to come forward.”
There is no charge to file a complaint with the EEOC and all investigations and potential lawsuits are handled through a staff of attorneys specially trained in employment law. The plaintiff is not financially responsible for any of the costs of the investigation or its ensuing legal fees.
Don’t feel discouraged!
There is plenty you can do about sex discrimination: Remind yourself that Title VII of the Civil Rights Act is your best friend. If you’re diligent about doing the research and collecting the necessary evidence to support your claims, you may just end up with a settlement large enough to buy back your self-esteem.
Most importantly, however, the satisfaction you’ll experience knowing that you’ve stood up to the giants will leave you empowered. It’s a feeling that just can’t be measured in dollars.
© dan vasile-lucian, tiero, dewayne flowers | dreamstime.com
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For more articles from Ji Hyun Lee, please check out:
The Politics Series: The Politics of Facebook Friending your Colleagues | The Politics of being a Woman on the Job: Why can’t we all just get along? | The Politics of Being Young on the Job: Managing the Kid Boss | The Politics of being Cute on the Job: Are you too Sexy for the Workplace? | The Politics of the bad boss | The Politics of Office Romance
The Lists: Five Ways to Battle the Office Backstabber | Ten Signs that You Might be a Difficult Employee
Everything in between: Tips for managing the Millennial Generation | When You’re Smarter than the Boss | Knowing When to Speak Up and When Not to |Equal Work, Unequal Pay: What to do if You’re the Victim of Gender Discrimination
Do you need advice dealing with awful coworkers, bosses and other workplace issues? Find the author on Twitter @JiHyun42 or email, jihyunnyc@gmail.com, and tell her all about it. You could be featured in an upcoming article!
Do you need advice dealing with awful coworkers, bosses and other workplace issues? Find the author on Twitter @JiHyun42 or email, jihyunnyc@gmail.com, and tell her all about it. You could be featured in an upcoming article!
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