While most companies generally understand the importance of treating workers fairly, they do not always get it right. Whether due to malice, legal confusion or the ineffectiveness of standard policies and procedures, employers sometimes run afoul of the law when it comes to protecting the rights and interests of their employees in an equitable fashion. A recent Nevada lawsuit pertaining to sex-based discrimination serves as only the latest evidence that businesses of all shapes and sizes must be extremely careful when decisions may be interpreted as having little to do with an employee’s actual merits.
According to the Las Vegas Review-Journal and a press release posted by the U.S. Equal Employment Opportunity Commission (EEOC), one former employee of Ultracare Las Vegas (a placement agency) has successfully settled his lawsuit upon the basis of sex discrimination. The former employee, David Matlock, sued Ultracare after it removed him from a previously placed position and terminated his employment.
Matlock had served as an ultrasound technician with Nevada Health Centers for just several weeks before Nevada Health allegedly requested that he be removed on account of his gender. Ultracare complied with the request, raising overt concerns about the extent to which Mr. Matlock’s gender played a central role in the decision. The EEOC then filed a lawsuit arguing that the termination violated Title VII of the Civil Rights Act of 1964, a federal statute that every Nevada employer should know fairly well. In addition to each company becoming responsible for financial remuneration, Nevada Health must also now take more concrete steps to better assure non-discriminatory treatment of its employees particularly when it comes to gender.
Given the often costly outcome associated with sex (and other) discrimination, employers should be held accountable for their actions. For their parts, employees should also know their rights.
What You Need to Know if You are Facing Sex Discrimination
There are several protected categories that employers are legally prevented from adopting as rationale for treating one employee differently from another. In Nevada, those categories include race, color, sex or gender, age (if over 40), disability, national origin, or religion. A number of state and federal laws govern circumstances like these, ranging from NRS 613.330 to the Civil Rights Act of 1991. Legally speaking, employees should be well protected on account of these laws, particularly when it comes to their sex or gender on account of the Equal Pay Act of 1963.
That said, women and men alike may rightly believe that their genders have been used against them when it comes to assignments, promotions, raises, termination, or other decisions. If you believe you have been subject to this kind of discrimination, it is imperative that you contact an attorney. While you may file a claim with either the EEOC or Nevada Equal Rights Commission (NERC), you will likely want a lawyer’s assistance when it comes to collecting and presenting evidence (and other procedural requirements).
Obtaining Essential Legal Assistance
HKM Employment Attorneys is well-prepared to advise and represent a wide range of employees who have faced discrimination or other issues associated with their employers. Amid sometimes dire circumstances, it is important to know that you are not alone even when it may seem that you are facing insurmountable odds. We have valuable experience nationally, but remain fully committed to upholding Nevada law and the rights it protects. In order to set up an appointment, simply fill out the online form located here.
