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Sex and Gender Discrimination in the Workplace

Our Los Angeles Sex Discrimination Lawyers Represent Victims of Workplace Discrimination

Sign that says 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 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) 526-8152 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.
  • Disparate impact. Disparate impact is discrimination based on policies or procedures that disproportionally and adversely affect individuals in a protected class.

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 Protects 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

Under the FEHA, it is illegal for employers with five or more employees 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
  • Sexual orientation
  • Gender
  • Gender identity
  • Gender expression

Contact a Los Angeles Sex Discrimination Lawyer With Our Firm

Speak with one of our 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) 526-8152 or fill out our online contact form, and someone from our office will reach out to you soon.

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