California Gender Discrimination Attorney

Gender discrimination in the workplace used to be open and obvious. That is often no longer the case, but that does not mean it no longer occurs. Instead, discrimination on the basis of gender and gender identity can be indirect and devious. But regardless of whether an employer is blatant in treating some workers differently because of their gender or gender identity, the uneven treatment is still illegal. And employees who suffer because of it are entitled to remedies under the law.

At Justice Law Corporation, we are dedicated to helping workers gain fair treatment. We’ve seen far too often the crafty ways in which employers violate equal pay requirements and subject employees to gender-based discrimination. If you believe you’re not being treated equally in the workplace because of your gender or gender identity, we urge you to contact a California gender discrimination attorney on our team to learn about the remedies that may be available in your case.

Equal Pay Laws

While gender discrimination can manifest in numerous ways, one of the most disingenuous effects of gender discrimination occurs when employers compensate workers differently on the basis of their gender. This violates state and federal equal pay laws.

The California Equal Pay Act and Fair Pay Act require employers to compensate employees equally when performing “substantially similar work.” The requirements of the federal Equal Pay Act give employers more leeway—the work must be substantially equal rather than substantially similar to trigger the equal pay obligation.

When evaluating whether an employer is paying employees equally, both federal and state laws consider not only salary but also:

  • Bonuses
  • Overtime pay
  • Profit sharing
  • Life insurance
  • Stock options
  • Travel allowances
  • Vacation and other paid time off
  • Other benefits

Employers may pay all workers the same base salary but still violate the law by offering more vacation time or a better bonus plan to workers of a particular gender. The laws allow unequal compensation if it is based on merit, seniority, production output, or another “bona fide” factor. However, employers may try to hide behind these exceptions when they do not have a valid reason for paying certain employees less. An experienced California gender discrimination attorney will work to show that the disparity is not justified and is in violation of the law.

Discrimination in Other Aspects of Employment

The laws protecting workers from gender-based discrimination extend far beyond compensation. Essentially, employers are not permitted to treat employees in a detrimental way because of gender or related factors.

Protected Factors Related to Gender

Under the California Fair Employment and Housing Act (FEHA), employers are prohibited from discriminating against employees on the basis of:

  • Sex or gender
  • Gender identity
  • Gender expression
  • Sexual orientation
  • Reproductive health decisionmaking

Section 11030 of Title 2 of the California Code of Federal Regulations defines some of these protected factors. Sex is interpreted to include pregnancy and conditions related to pregnancy, childbirth, and breastfeeding, so employers are not allowed to treat workers negatively because they are undergoing any of these experiences. Gender expression is described as gender-related appearance or behavior. Gender identity is defined as an individual’s “internal understanding of their gender.” It may include male, female, both, or neither, and it does not need to coincide with the sex assigned at birth. The definition specifically includes transgender individuals.

Federal law protections on the basis of gender are not quite as extensive. Title VII of the Civil Rights Act prohibits discrimination in employment on the basis of sex. While the textual definition includes pregnancy-related issues, it is silent on sexual orientation, gender identity, and transgender status. The U.S. Equal Employment Opportunity Commission, the agency responsible for enforcing Title VII protections, states that sexual orientation and transgender status are included in the definition. The U.S. Supreme Court has held that Title VII protections also extend to gender identity. But federal laws do not extend to gender expression.

Actions That Constitute Discrimination

A California gender discrimination attorney at Justice Law Corporation can help employees facing various forms of workplace discrimination. Wage disparity, discussed above, is only one example of the harmful conduct employees may be subjected to in violation of gender discrimination laws.

Other forms of discriminatory behavior include:

  • Refusing to hire
  • Not offering the same training offered to similarly-situated employees
  • Layoffs
  • Termination
  • Denying the same employment terms or benefits provided to similarly-situated employees
  • Sexual harassment

When an employee is treated less favorably in any way because of their gender, that treatment can be considered illegal gender discrimination. For instance, a worker might be denied a promotion because they are the wrong gender or because of their gender identity. Employers will often argue in their defense that their actions are justified due to a bona fide qualification of the occupation. But this exception is narrowly interpreted in California, and a knowledgeable gender discrimination lawyer in California can often show that the employer’s actions were not justified.

Find Out More About Your Legal Rights and How to Enforce Them

When your employer treats you unfavorably because of your gender or gender identity, it can affect every aspect of your life. You may be losing out on compensation and career advancement opportunities. You may feel like your value as a worker and as a human being is being reduced. It is simply not fair, and you don’t have to put up with it.

A California gender discrimination attorney at Justice Law Corporation could help you recover the self-confidence and compensation you deserve if you’ve been subjected to unlawful discrimination on the basis of your gender or gender identity. To learn how our team can help you move forward, call us at 818-230-7502 or contact us online today to schedule a free consultation and case evaluation.

FAQs About Gender Discrimination in California

Issues involving gender-based discrimination can be complex and emotional. For that reason, we receive many questions about these issues and how to address them in the workplace. We would be happy to answer your questions directly if you contact our team. For background information, here are some general answers to questions we get most frequently.

What Conduct is Considered Illegal Harassment?

Harassment is one of the ugliest forms of employment discrimination. The term used in the law to describe harassment is “unwelcome conduct.” The rules against harassment prohibit representatives of an employer from engaging in harassing conduct, but they also require the employer to ensure that others in the workplace avoid harassment. This includes co-workers and third parties such as customers and vendors. If the employer learns about harassing conduct and fails to act appropriately to put an end to it, then the employer can be held liable for a violation of gender discrimination laws.

Examples of unlawful gender-based harassment include making derogatory comments about a gender, making jokes about a gender role, such as deriding a male employee for cleaning or taking care of children, making sexual suggestions, or repeatedly and deliberately misgendering a transgender employee. When unwelcome actions are severe or pervasive, they create a work environment that is hostile, offensive, or intimidating, and that violates the law.

What Should I Do If I’ve Been Discriminated Against on the Basis of Gender?

Employees facing discrimination have various options for addressing the situation. It can be helpful to initially discuss your case with a California gender discrimination attorney, who can review the options and explain the pros and cons of each. It is a good idea to begin collecting all the evidence you can to support your claim, including pay statements, policy manuals, and correspondence with your employer.

You can file a complaint by submitting an intake form to the California Civil Rights Department or file a charge of discrimination with the Equal Employment Opportunity Commission. The agencies you submit to may investigate the matter, but they might not have the resources for a thorough investigation. Once the agency has pursued the matter as far as they are going to, they will inform you that you have the right to file a lawsuit against your employer. An individual lawsuit or class action often provides the most effective means of achieving meaningful remedies.

How Can I Prove Gender Discrimination?

Proving that an employer’s actions were motivated by your gender or gender identity can often be a challenge. This is one reason it is crucial to keep records of correspondence and conversations. In some cases, showing that an employer has engaged in a persistent pattern of behavior will demonstrate that it was motivated by gender. Statements from witnesses who have observed discriminatory behavior can be extremely valuable.

Do I Need a Lawyer to File a Complaint for Gender Discrimination?

Neither California law nor federal law requires you to work with an attorney when filing a discrimination complaint or even a lawsuit. However, it can be difficult to achieve a satisfactory outcome without the guidance and representation of an experienced gender discrimination attorney in California. A knowledgeable legal advocate knows how to find and present evidence persuasively to show that an employer’s conduct violated the law and why the employee should receive the full remedies available under the law.

What Remedies are Available for Gender Discrimination?

Depending on the situation, an employee subjected to illegal gender-based discrimination could be entitled to several different forms of relief. If the detrimental action resulted in a loss of compensation, then the employee could receive damages to make up for lost wages. Because gender discrimination often causes emotional distress, an employee may be able to receive compensation for this mental and emotional harm. It may also be possible to obtain specific remedies, such as reinstatement in a job or an increase in wages for the future.