Can I file a sexual discrimination lawsuit against my employer?

UPDATED: Oct 1, 2022

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Can I file a sexual discrimination lawsuit against my employer?

Im a woman, i currently work for my
employer 3years in Akron Ohio, I asked
the kitchen manager if i could transfer
to the kitchen. His instant reply, very
loudly, in front of multiple people was
‘No Absolutely Not You’ll only FK
all my guys back there, thats the only
reason you want to transfer’ Everyone
busts out laughing, i was completely
shocked n humiliated The convo ended
with him still telling me ‘No You have
no experience’ but he has transferred
and trained dozens of men from another
dept that had no experience for that
exact position. I KNOW he is Sexually
discriminating against me i know its
wrong Is this something worth bringing
a lawsuit and would it be better to file
my complaint with the federal EEOC or

Asked on January 13, 2019 under Employment Labor Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

1) Yes, this is a viable sexual harassment (the "FK" comment) and discrimination (not being given the same chance that equally inexperienced male employees received). It is something worth bringing a claim about.
2) It is probably better to go to the EEOC first, since the EEOC could definitely handle this. If they deem this a better case for the state agency, they will tell you and/or refer it to them. I do a lot of landlord-tenant and housing law, and in a parallel situation (housing discrimination), I advise clients to go to HUD first and let HUD tell them if the state agency is the better choice.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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