Gender Discrimination Lawyer California
Every individual has the right to a safe working environment free from gender discrimination. Regrettably, even with federal and state laws in tact, it is unfortunate that gender discrimination still exists in California workplaces today. Gender discrimination can happen in various methods and can seriously impact both women and men that work in their job.
Law Mart has provided victims of gender discrimination with powerful legal representation to resolve their issue. If you think you were discriminated against at work because of your gender or sex, our employment lawyers can review your case and assist you file a claim. Our California gender discrimination lawyers are knowledgeble, compassionate, and prepared to fight for your legal rights against your employer or coworkers who have exhibit discriminatory behavior against you at the work.
How A Law Mart Gender Discrimination Lawyer Can Help
Gender discrimination is not just unethical, but it is also against the law in the State of California. Workplace victims can acquire the justice they merit by reporting and speaking up against these illegal actions experienced at your workplace. If you have unfortunately experienced gender discrimination at job, you have several alternative options to seek justice as well as the right to report the discriminatory behavior to your supervisor or human resources department when it occurs. If however you are part of a union, you can also file an unfairness request with your union. In addition, California workers have the right to file an employment legal action against their employer.
To learn more about your legal choices, contact a gender discrimination lawyer at Law Mart today at (310) 689-6413. Our experienced gender discrimination attorneys are certified and have the right experience representing workers and fighting for victims who have suffered discrimination at your workplace. With our employment law firms experience they can gather the necessary documents, file a claim, and protect you against your employer so you won’t have to be afraid of retaliatory actions and enhance your confidence in filing and reporting any discriminatory behavior at your workplace.
Why Choose Law Mart?
If you or someone you or your loved one have been a victim of gender or sex discrimination in the workplace, it is imperative to hire an experienced California employment attorney who has a record of successfully handling these types of claims. A Law Mart Los Angeles gender discrimination lawyers guarantee exceptional legal service to our clients and have the successful outcomes to demonstrate it.
Why you should choose Law Mart for your gender or sex discrimination claim
No Win No Fee Policy
Our employment lawyers offer a No Win No Fee guarantee to all our clients, meaning if the employment attorneys don’t win your case you don’t have to pay them anything.
Proven Track Record
Our employment attorneys have successfully recovered hundreds of millions of dollars for our clients who have been a victims of sex and gender discrimination at their workplace.
Experienced Gender Discrimination Attorneys
Law Mart employment lawyers have successfully acquired an extensive years of experience and outstanding expertise in securing compensation in gender discrimination in the workplace claims.
Satisfied Clientele
Law Mart has successfully represented clients from different parts of Southern and Northern California and has magnificently received the highest ratings by our clients as seen in Yelp, Google and Trustpilot.
Multilingual Staff
Law Mart’s diverse team of employment attorneys also speak Farsi, Spanish, Hebrew, Arabic, Urdu, Dari, Pashto and Cantonese. Holding effective communication is an imperative for exceptional customer service that is provided to all our clients, everyday day, every hour.
Available 24/7
We are available 24/7 for a phone consultation and if you are not able to visit our office, we are amenable to meet you at your convenience.
Contact Law Mart at (310) 689-6413 for a free consultation and learn more about how we can help you with your employment claim.
What is Gender Discrimination?
Gender discrimination is when someone is treated unequally or disadvantageously based on their gender but not necessarily in a sexual nature. This includes harassment/discrimination based on sex, gender identity, or gender expression.
Repetitive, adverse acts in addition also contributes to a hostile workplace that makes you feel unsafe or unwelcome because of your gender is also considered discriminatory. For instance, comments such as “she must be on her period” or “you are an overpowering woman” can be interpreted as gender harassment.
In spite of the fact shows that women are more likely to be victims of gender discrimination, men can also be victims. Gender discrimination can be based on your gender allocated at birth or your chosen gender identity or expression. While gender identity and expression are still a disputed topic at the federal and state levels, California law makes it unlawful to discriminate against an individual based on their gender identity or expression. To make it simple, a woman who identifies as a man or a man who identifies as a woman can also be an victims of gender discrimination at the workplace.
When our employment lawyers evaluate a gender discrimination or sex discrimination claim, the following are the viable questions that are considered to be asked:
- Did the employer repeatedly make or tolerate derogatory comments about a woman or man?
- Did the employer make gender specific remarks about you?
- Was there evidence of gender stereotyping?
If however the answer is affirmative to everything asked, you may be a victim of gender or sex discrimination. Under federal and state laws, gender or sex discrimination victims may be entitled to monetary damages, punitive damages, and economical remedies. For example, Title VII of the Civil Rights Act of 1964 provides remedies for victims of discrimination if the employer has 15 or more employees. In addition to Title VII, there are several other anti-sex discrimination laws that generally protect workers that work in smaller employers.
What is the Difference Between Sex and Gender Discrimination?
Sex and gender discrimination may sound alike, but they have two different meanings. A person’s sex refers to the biological and physiological characteristics of a male or female. Gender, on the other hand, refers to the sex a person most closely identifies with.
To rephrase it, sex is assigned at birth while gender is based on a person’s identity. For example, a individual may be discriminated against at the workplace because of her sex as a female. Moreover, a inidividual may also be discriminated against because of his sex as a male but identifies as a female (gender) at work.
The State of California and Federal Law en employment laws safeguard workers from both sex and gender discrimination. Employers also cannot discriminate based on a person’s perceived sex or gender and in addition, cannot discriminate based on a person’s association to or perceived association to a protected class. Sex discrimination can correlate to various aspects of sex identity including pregnancy, breastfeeding, childbirth, or related medical conditions. Gender discrimination can correlate to aspects of gender identity including gender expression and a third party’s perception of these traits
Examples of Gender Discrimination
At the workerplace, everyone has a right to feel safe and it’s imperative to know if you’re being discriminated against because of your gender or sex. Gender discrimination at the workplace correlates to treating a job applicant or an employee differently and often less favorably because of their sex or gender. For this type of discrimination to be considered unlawful, it must require treatment that impacts the terms or conditions of your job such as your work hours, job responsibilities and salary.
Regrettably, there are many methods a person can get discriminated against at work based on their gender or sex. Some of the most crucial examples of workplace gender discrimination include the following:
- Any form of physical or non-physical sexual harassment
- Offensive remarks, gestures, comments, or sexual jokes related to your gender
- Getting directly insulted or called derogatory slurs, names, or comments because of your gender
- Discriminatory social media posts
- Any sex or gender-based hostility
- Employers allowing or remaining complicit while a hostile work environment grows towards a specific gender
- Forcing individuals of a specific gender to quit their jobs
- Demoting or firing individuals of a specific gender for no valid reason
- Forcing individuals of different genders handle different types of tasks
- Ignoring suggestions or ideas from a specific gender but in favor of another
- Excluding a specific gender from meetings or gatherings
- Promoting individuals based on gender
- Refusing to allow individuals of a certain gender to use a restroom based on their gender identification
- Pay discrepancies between people of different genders who share similar job responsibilities & qualifications
- Denying a raise, promotion, or job opportunity which was given to another person of a different gender who is equally or less qualified than you
- Withholding job opportunities from individuals who identify themselves as homosexual or transsexual
- Being given a different job or lower-paying job because of your gender
- Being held to a higher or different work standards because of your gender
- Getting harassed because you do not present yourself in a gender normative way
- Getting intentionally called a name that you do not identify with
- Receiving unwelcomed requests for sexual favors or advances
- Being rejected for job, given less assignments, or forced to go on leave because of a pregnancy
- Denied paid sick leave, vacation, health, or other benefits because of your gender
- Getting disciplined for something other employees of a different gender do all the time but does not get disciplined for
- Being intentionally called the wrong pronouns by coworkers or supervisors even after you told them your preferred gender pronouns
While some people may think that only women face sex and gender discrimination in the workplace, this is simply not true. Men and individuals of all genders who are part of the LGBTQ (lesbian, gay, bisexual, transgender, and queer) community are also often subjected to gender discrimination as well.
What Laws Protect Against Gender Discrimination in the Workplace?
Greviously, many occurrence of gender and sex discrimination at work do not get announced due to fear of retaliation or other possible illigal consequences. Nevertheless, federal and state laws protect California workers– giving them the right to work in a safe environment free from gender discrimination.
Fortunately, the primary laws that safegaurds workers against gender discrimination in the workplace you should know about are Title VII of the Civil Rights Act of 1964, the California’s Fair Employment and Housing Act (FEHA), the California Equal Pay Act, and the Pregnancy Discrimination Act.
Title VII of the Civil Rights Act of 1964
Title VII is a federal law that protects workers and job applicants from sex-based discrimination. Under this law, it is unlawful for employers to discriminate against an individual based on their sex (including sexual orientation, gender, or pregnancy), race, color, national origin, or religion. It also prohibits discrimination on any gender-related characteristics such as childbirth or breastfeeding.
Title VII applies to public and private employers, the federal government, employment agencies, and labor organizations with 15 or more employees. Protection under Title VII covers all aspects of employment decisions including selections, recruitment, terminations, and any other decisions regarding terms and conditions of employment
California’s Fair Employment and Housing Act (FEHA)
The FEHA forbids discrimination based on a protected category such as sex, gender, gender identity, gender expression, gender-related characteristics, sexual orientation, or transgender status. This law expands to protect employees, job applicants, volunteers, unpaid interns, or contractors at their workplace.
Under FEHA, discrimination is banned in all workplaces– including employers with fewer than five employees. Protection under this law applies to private and public businesses, employment agencies, and labor organizations. According to the FEHA, California employers can’t do the following based on the gender or race:
- Refuse to hire a job applicant.
- Terminate an employee’s job.
- Refuse to choose a potential employee for a training program that would lead to employment.
- Discriminate against an individual by reducing their compensation, benefits, privileges, or conditions of employment.
The California Equal Pay Act and Fair Pay Act
The California Equal Pay Act forbids an employer from paying an employee less than an employee of the opposite sex for equal workplace. The California Fair Pay Act was enacted into law in 2015. For that reason, it has strengthened the Equal Pay Act in various ways. The amended Equal Pay Act prohibits employers from paying employees wage rates that are less than what they pay employees of the opposite sex, another race, or another ethnicity for substantially similar work (which refers to work that is similar in responsibility, skill, effort, and performed under comparable working conditions).
In spite of that, if another worker sustains more than you but has a different job title, you may file a claim. The Equal Pay Act differentiate jobs that are substantially similar which means that the job titles that are being compared don’t necessarily have to be the same. In this matter, the vital thing to note is whether the work itself is significantly similar
The Pregnancy Discrimination Act (PDA
The Pregnancy Discrimination Act (PDA) makes discrimination illigal based on pregnancy regarding any aspect of employment which comprises of hiring, firing, job assignments, pay, promotions, training, layoffs, fringe benefits such as health insurance or leave, and any other terms or conditions of employment. A customary example of a PDA violation is refusing to hire a job applicant because she is currently pregnant or may one day become pregnant.
What Can I Do If I’m a Victim of Gender Discrimination in the Workplace?
As a California worker you have the right to work in an environment where they can openly express their sex or gender. If you think you cannot exercise this right, you should contact a California gender discrimination lawyer as soon as possible to resolve this matter.
As a victim of gender discrimination at work, you have several options including:
- Speaking to management – Express your concern in writing to someone at work who has power regarding company policies and practices. This person may be your supervisor, manager, or someone in your human resources department. Although it happens, it is illegal for your employer to retaliate against you for questioning or bringing up discriminatory behavior, policies, or practices.
- Filing a charge with a governmental agency – You have the option to file a charge against your employer through a state or federal agency. The California Department of Fair Employment Housing (DFEH) handles all California state related charges, and the United States Equal Opportunity Commission (EEOC) investigates all federal charges. If you decide to file a charge through the EEOC, you must do so with 300 days of the discriminatory action. If you’re filing a charge through DFEH, the time limit is 365 days.
- Filing a lawsuit against your employer – If you experienced gender discrimination at work, you have the option to file a lawsuit against your employer. But before doing so, you will have to file a claim with either the DFEH or the EEOC and obtain a right-to-sue notice.
To obtain more information about your legal rights and options you can choose from, contact the California gender discrimination lawyers at Law Mart today at (310) 689-6413.
How to Prove Gender Discrimination in the Workplace?
When an employer makes unsuitable inquiries such as making pre-employment inquiries about a job candidate’s gender, if they are married, or plan to get pregnant, it may suggest that the employer may be considering beside the point information as part of the hiring decision process. Irrelevant questions about a job applicant’s or an employee’s gender may suggest gender discriminatory motives and can be found unlawful.
In the State of California, gender discrimination cases can be complex to prove because you not only have to prove that the discrimination happened, but you also must prove facts that it happened because of your gender. However, our gender discrimination attorneys have sufficient experience handling discrimination cases and obtaining justice for our clients that deserve their rights.
To prepare for your case, we’ll generally ask to you to provide some documents including:
- Your employee handbook – We will review your company’s policies on discrimination and harassment to determine if they have been adhered to.
- Your personnel file – We will review your personnel file and evaluate for any disciplinary actions or warnings against you in the past.
- Your performance reviews – We will look for any disciplinary or retaliatory actions from your employer that resulted from you speaking up about the discrimination at work.
- Pay stubs – We will review your pay stubs for any lost time or pay as a result of the discriminatory actions.
- A list of witnesses – We will review information about witnesses who observed or may have observed any discriminatory acts against you.
- Evidence of discrimination – We will review emails, documents, pictures, text messages, social media posts, and any other evidence of gender discrimination.
- Mental health records – If you seek medical help because of gender discrimination at work, keep these records as we may request to review them as part of your case.
- A journal of your experiences – Keep a written journal of any instances of discriminatory acts against you including dates and names of potential witnesses. We may request to review this journal to help build a gender discrimination case against your employer.
After our employment attorneys receive these items, they can evaluate your case and prepare for court, if necessary.
Statute of Limitations on Filing a Gender or Sex Discrimination Claim
A statute of limitations is the deadline or time limit for filing a lawsuit. It is vital to know that there is a strict statute of limitations (or deadlines) to file a claim in California.
Victims of gender or sex discrimination will need to file a complaint with the Equal Employment Opportunity Commission (EEOC) within 300 days from the date of the last alleged discriminatory act in the workplace. After filing a claim with the EEOC, a claimant can request a “right-to-sue” letter. If the claimant receives this letter, they have 90 days to file a lawsuit against their employer.
Majority of claims must be filed within a specified time period or can be nullified. Generally speaking, once the time specified in a statute of limitations finishes, the claim is no longer grounded. There are numerous steps to filing a legal claim and furthermore the process can be very confusing. If you believe and know you have suffered from gender or sex discrimination at work, contact a California sex discrimination lawyer for help. An experienced employment lawyer can review your case, ensure you file your claim within the statute of limitations, and help you obtain the justice and compensation you really deserve on your legal matter.
Compensation Available to Victims of Gender or Sex Discrimination
The State of California provides for a wide range of remedies for victims of gender or sex discrimination. Nevertheless, no two employment cases are exactly alike, types of compensation available to victims of gender or sex discrimination include:
- Back pay (past lost earnings)
- Front pay (future lost earnings)
- Interest on unpaid wages
- Hiring or reinstatement of your position
- Out-of-pocket expenses
- Promotion
- Benefits
- Policy changes
- Training
- Reasonable accommodation
- Attorney’s fees and costs
- Court costs and legal fees
- Damages for emotional distress
- Pain and suffering damages
- Punitive damages
Gender discrimination victims ought-to not have to suffer in silence. While no amount of compensation can take away the fact that discrimination occurances, it can assist victims take a step towards gaining closure and moving forward. Having an experienced sex discrimination attorney fight back against your employer can help obtain relief and compensation for your losses.
Contact a Law mart Gender Discrimination Attorney Today
Being a victim of gender discrimination should not have you suffer in silence. Our experienced gender discrimination lawyers have helped multiple victims throughout California and can assist you obtain the justice you really deserve.
If you know and believe you were discriminated against at job because of your sex or gender, an experienced gender discrimination lawyer can help protect your rights. To learn more about your legal options and what you need to do prove discrimination by scheduling a free, initial consultation with our lawyer referral service today by calling (310) 689-6413
Gender Discrimination FAQs
What is an example of gender harassment?
Gender harassment may include any comments, remarks, insults, slurs, or exhibit offensive materials that are targeted towards a specific gender. This can also include physical contact or assault which create a hostile work environment in addition to being illegal and unsafe.
What is the name for gender discrimination?
Gender discrimination is more commonly known as sexism which is a prejudice based on an individual’s sex or gender. Sexism in the workplace can target both men and women but historically have had a more negative impact on women.
