Women Rights & Lessons from a Lawsuit
By Kimbookman on January 02, 2014
Women seek protection from unlawful acts and discriminatory practices through lawsuits and legal proceedings designed to assess liability and assert our rights. Whether it is a tort claim against an employer for unfair hiring practices or compensation differences between us and our male counterparts for comparable work, there is a lot we can learn from filing a lawsuit and the outcome of these cases.
As women we need to understand that filing a lawsuit is a right that is guaranteed to all of us, regardless of gender. We file lawsuits as a way to enforce laws and level the playing field. Our ability to fund or finance a lawsuit against someone with more financial resources should not discourage or intimidate us from pursuing this course of action. Here we will discuss our inherent right to file a lawsuit, how such suits help further develop the law and level the playing field and why money should not be seen as a barrier to our right to sue.
Filing a Lawsuit is a Right
The right to trial by jury in a civil or common law proceeding is a basic right given to all of us via the seventh amendment to the U.S. Constitution. This right has been preserved for 227 years and should not be threatened by political agenda or an emphasis on commercial rights over the rights of individuals. Women make up an important and vital part of the workforce and economy in the United States. The ability to protect our right to sue and seek legal protections from harmful situations, unscrupulous businesses and those that discriminate on the base of gender is an important one to have and should be maintained for the betterment of society as a whole.
The Purpose of Litigation is to Level the Playing Field
If Lois Jenson of Minnesota had not decided to take action against her employer, Eveleth Taconlite Co. in 1988, it may have been years, if ever, before a successful sexual harassment class-action lawsuit would have been filed. The case of Lois E. Jenson, et al. v. Eveleth Taconlite Company, et al., U.S. Court of Appeals, Eighth Circuit (No. 97-1147) resulted in a final settlement of $3.5 million for Jenson and her 14 co-defendants.
The level of harassment and personal indignities suffered by these women exposed the ugly side of the law and the attitudes of certain individuals toward the role of women in the workforce and their right to assert themselves when aggrieved. Women like Jenson sought to be treated equally with her male counterparts and her 15+ years of harassment, threats and intimidation gave way to a legal first for women that has gone a long way to holding businesses and their employees accountable for their actions and legally liability for abusive practices.
Money Should not Inhibit Your Ability to Sue
Often times we are intimidated or persuaded not to pursue civil action due to the cost associated with the case. Large corporations, employers and other defendants with deep financial pockets can employ various methods to keep you from asserting yourself and your legal position. Such tactics further erode your rights and make it difficult for you to have your day in court.
Funding for your upcoming lawsuit can come in many different forms, including a loan from a company that specializes in lawsuit financing. This type of arrangement may be necessary to provide you with the funding you need to proceed with your claim. If your case is important enough to sue and seek legal resolution, you should take every step available to make sure that you can assert your rights and be successful.
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