We Represent Victims of Sex and Gender Discrimination in the Workplace
Everyone has the right to feel safe at work or when applying for a job. Unfortunately, discrimination at work is commonplace. Anyone can be the victim of workplace sex and/or gender discrimination, including women, men, and members of the LGBTQ+ community. Are you facing sex or gender discrimination in the workplace? We recommend that you speak with a Los Angeles sex discrimination lawyer from our firm.
Discuss Your Situation During a Free, Confidential Consultation
Sex discrimination and gender discrimination can significantly impact every aspect of your life. Do you believe that you are the subject of discrimination at work? Consider speaking with an experienced attorney about your situation. Our Los Angeles sex discrimination lawyers have extensive experience and success in litigating workplace discrimination claims. During a free, confidential consultation, we can discuss your unique situation and answer your legal questions. Then, we can help you to understand your best legal options and determine how we may be able to help you. Reach out to us by calling (310) 499-0140 or by filling out our online contact form.
What Is Sex and Gender Discrimination in the Workplace?
Though similar, sex and gender discrimination are not the same thing. Sex discrimination refers to adverse employment actions against an individual on the basis of his or her biological attributes. Sex discrimination also encompasses pregnancy discrimination.
On the other hand, gender encompasses social roles, behaviors, expressions and identities of individuals. This means that it is illegal to discriminate against an individual based on gender stereotypes, behaviors or an employer’s perceived notion of an individual.
Generally, there are two forms of sex and gender discrimination:
- Disparate treatment. Disparate treatment, or intentional discrimination is just that – intentional. It is deliberate discrimination against an individual on the basis of a protected class. Some examples of disparate treatment include:
- Unequal pay: An employer pays male employees more than female employees for the same work.
- Hiring practices: An employer only hires men for certain positions, such as leadership roles or physically demanding jobs, while women are relegated to support roles.
- Promotion practices: An employer promotes men more often than women, even when they have similar qualifications and job performance.
- Termination: An employer terminates a female employee because she becomes pregnant or takes maternity leave, while not terminating male employees who take similar leaves.
- Harassment: An employer allows or condones sexual harassment or discrimination against female employees, while male employees are not subjected to such treatment.
- Retaliation: An employer retaliates against a female employee who files a complaint about sex or gender discrimination, while male employees who raise similar complaints are not similarly retaliated against.
- Disparate impact. Disparate impact is discrimination based on policies or procedures that disproportionally and adversely affect individuals in a protected class. Examples of disparate impact are as follows:
- Height and weight requirements: An employer implements height and weight requirements for certain positions, which disproportionately exclude women from consideration.
- Physical fitness tests: An employer implements physical fitness tests that have higher passing standards for women than for men, which disproportionately excludes women from consideration for certain positions.
- Educational requirements: An employer implements educational requirements for certain positions that disproportionately exclude women, such as requiring a bachelor’s degree when men in similar positions are not required to have one.
- Language requirements: An employer implements language requirements for certain positions that disproportionately exclude women, such as requiring fluency in a language that is spoken primarily by men.
- Scheduling practices: An employer implements scheduling practices that disproportionately impact women, such as requiring employees to work late nights or weekends, which may be difficult for women with caregiving responsibilities.
Sexual Orientation and Gender Identity (SOGI) Discrimination in the Workplace
The June 2020 Supreme Court ruling of Bostock v. Clayton County, Georgia extended federal protections to the LGBTQ+ community. The ruling extended class protections to cover sexual orientation and gender identity. According to the Court, “discrimination based on homosexuality or transgender status necessarily entails discrimination based on sex; the first cannot happen without the second.”
If you are facing SOGI discrimination in the workplace, we recommend that you speak with a gender identity discrimination lawyer from our firm. We can help you to understand your best next steps and legal options.
Laws That Protect Individuals Against Workplace Gender Discrimination
Both federal and California laws prohibit employment discrimination on the basis of certain protected classes. On a federal level, Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the basis of race, color, religion, sex and national origin. In addition, in June 2020, a Supreme Court ruling extended the basis of sex to cover sexual orientation and gender identity. It applies to employers with 15 or more employees.
California provides additional protections to job applicants and employees through The Fair Employment and Housing Act (FEHA).
California’s Fair Employment and Housing Act
The FEHA applies to employers with five or more employees. Under the FEHA, it is illegal to discriminate against an individual for certain protected classes. The FEHA protects employees and job applicants. And, the law applies to all business practices, including:
- Job advertisements
- Applications and job screening
- Interviews and hiring practices
- Job assignments
- Transferring, promoting and terminating employees
- Working conditions
- Employee benefits
- Participation in employee programs
In California, sex and gender discrimination encompass discrimination based on any of the following classes of an individual:
- Status as a male or female
- Pregnancy
- Childbirth
- Breastfeeding
- Medical conditions related to pregnancy or childbirth
- Gender
- Sexual orientation
- Gender identity
- Gender expression
What Legal Options Are Available to Me As a Victim of Sex or Gender Discrimination in California?
If you have been a victim of workplace sex or gender discrimination in California, you have several legal options available to you. Here are some steps you can take to obtain justice:
- Report the discrimination: You can report the discrimination to your employer’s human resources department or a supervisor. Under California law, employers are required to take prompt and effective action to prevent and address harassment and discrimination in the workplace.
- File a complaint with a government agency: You can file a complaint with the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC). Both agencies investigate claims of discrimination and may take legal action on your behalf.
- File a lawsuit: You can file a lawsuit against your employer in California state court or federal court. A lawyer can help you determine the best legal strategy for your situation.
- Seek damages: If you prevail in your legal action, you may be entitled to damages, which can include: back pay, front pay, emotional distress damages, and punitive damages.
- Retaliation protection: Under California law, it is illegal for employers to retaliate against employees who report discrimination or participate in a discrimination investigation.
It is important to note that the legal process for addressing workplace sex and gender discrimination can be complex and time-consuming. Therefore, it is recommended that you seek the advice and representation of an experienced California sex discrimination lawyer who can guide you through the process and protect your rights.
Contact a Los Angeles Sex Discrimination Lawyer With Our Firm
Speak with one of our Los Angeles sex discrimination attorneys about your unique situation. We are happy to answer your legal questions. We can also help you to understand your best legal options and next steps, and whether we can help you. Call us at (310) 499-0140 or fill out our online contact form, and someone from our office will reach out to you soon.