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California Gender Discrimination

An employer is guilty of gender discrimination when any action taken by the employer unfairly denies an employee job opportunities, privileges, or rewards based solely on the sex of the employee. Although the majority of gender discrimination is directed against women, men can be victims as well. Even if gender discrimination is unintentional, an employer may be liable if the employer's policies or practices cause a disparate impact on men or women employees in the workplace. If you believe that your employer has discriminated against you in the workplace based on your gender, you should contact a California gender discrimination attorney as soon as possible. At Arias, Ozzello & Gignac, our experienced California employment law attorneys will aggressively fight to protect your rights. Call us today for a free initial consultation.

Gender Discrimination Law

Gender discrimination in the workplace is prohibited by federal law under Title VII of the Civil Rights Act of 1964, as well as state law under the California Fair Employment and Housing Act (FEHA) and the California Constitution. Gender discrimination is prohibited in any term, condition, or privilege of employment. This means that an employer cannot discriminate against an employee because of his or her sex in such employment practices as: 

  • hiring
  • compensation 
  • benefits 
  • training 
  • promotion 
  • hours of employment 
  • conditions of employment 
  • discipline
  • termination

Types of Gender Discrimination

Gender discrimination can take several forms. Some examples include the following: 

  • Sexual harassment can be of several types. It includes:
    • an offer by an employer of employment benefit in exchange for sexual favors
    • unwanted sexual advances or physical contact
    • making sexual gestures or comments
    • displaying offensive material
    • hostile treatment of an employee because of his or her gender
 
  • Wage discrimination occurs when an employer pays an employee of one sex less than an employee of the other sex for the same work. There are some exceptions where the difference in pay is reasonable, such as education or experience levels, or if a merit or seniority system has been in place. 
  • Pregnancy discrimination is any adverse action by an employer against a female employee because of her pregnancy. Employers are required to provide a pregnant employee with reasonable work accommodations, such as restricted lifting, as well as maternity leave. Employers are also prohibited from discriminating against breastfeeding mothers and must provide certain accommodations.
  • Gender stereotyping involves taking any adverse employment action against an employee whom the employer thinks is not "acting like" their sex or is not conforming to a "gender norm." Transgender employees are also protected by federal and California law.

California Gender Discrimination Attorney

If you believe that your employer has unfairly treated or discriminated against you solely based on your gender and you have been denied employment opportunities because of such action, you should contact a California gender discrimination attorney as soon as possible. At Arias, Ozzello & Gignac, our experienced California employment attorneys will help you recover the compensation that you deserve. Depending upon your circumstances, you may be able to recover damages for past and future lost wages and benefits, emotional distress, attorney's fees, and punitive damages

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