Sex Discrimination
Sex discrimination is a harmful practice for both employees and their workplaces. When it happens in the office, employers can incur fines and penalties, experience a breakdown in company culture, and lose investor, customer, and employee trust.
Still, employees often face even greater and ongoing harms, including damage to their physical, mental, and emotional well-being.
Our attorneys work hard to help those who are vulnerable to these heinous acts understand what sex discrimination entails, their rights under the law, and what to do when those rights are violated.
Understanding Sex Discrimination
The Equal Employment Opportunity Commission defines sex discrimination as treating someone unfairly because of their sex. According to the agency, sex can mean gender, but it can also mean their sexual orientation, transgender status, or pregnancy (whether past, present, or potential).
California’s Civil Rights Department, which handles these types of issues, also includes gender identity and expression in its definition of protected characteristics.
It’s essential to know that sex discrimination at workplaces across the state is an illegal practice for which employers can be sanctioned and sued. Everyone has a right to a workplace free of the harm caused by this activity.
If you have been a victim of sex discrimination at your job, a California sex discrimination attorney from our office can help ensure your rights are upheld. of taking action against your employer.
Laws Protecting Against Sex Discrimination
Sex discrimination is prohibited by both federal and state law. On a federal level, the Equal Employment Opportunity Commission (EEOC) enforces Title VII of the Civil Rights Act of 1964. This law prohibits harassment and discrimination on the basis of sex in workplaces with 15 or more employees.
Discriminatory acts may occur in hiring, firing, wage distribution, promotions (and demotions), and workplace or employment conditions. Retaliation for reporting any of these acts is also illegal.
California’s laws provide an even greater degree of protection, making sex discrimination illegal in workplaces with five or more employees. The California laws that govern this issue include:
- Fair Employment and Housing Act (FEHA): Prohibits discrimination in employment based on sex (including pregnancy, childbirth, and breastfeeding), gender, or gender identity and expression
- California Equal Pay Act: Prohibits employers from paying employees of one sex less than employees of another sex for the same work
If you’re not yet working with a sex discrimination lawyer, California and federal laws can seem overwhelming and confusing. Our attorneys can help you make sense of it all and understand how these laws apply to your unique situation.
Proving Sex Discrimination in California
Sex discrimination is considered a conscious and intentional act against a member of a protected group.
When working with a sex discrimination lawyer, California requires you to prove you are part of a protected class based on your sex, gender, pregnancy status (including pregnancy, childbirth, breastfeeding, or a medical condition stemming from pregnancy), sexual orientation, gender identity, or gender expression.
You must also demonstrate that:
- You meet the basic qualifications and requirements for the position you’re in or the one you are applying for
- You were subjected to an adverse employment action (such as being passed over for a job or promotion, being demoted, or not receiving equal pay) because of your protected characteristic
- Similarly situated employees who are outside of your protected class were treated more favorably at your workplace (or other evidence of a discriminatory motive)
While you don’t need to prove that sex or gender was the sole motivation for the discriminatory act, you do need to be able to show some connection between your protected status and the adverse action your employer took.
Our experienced California gender discrimination lawyers have a high success rate in workplace sex and gender discrimination cases because we understand how to gather critical evidence to make this connection evident.
Rights Under FEHA Against Gender Discrimination
FEHA protects candidates applying to work for and employees currently working for an employer with five or more staff members from the following actions based on sex or gender:
- Being denied a job
- Being fired from a job
- Being demoted in their job
- Being passed over for a promotion
- Being paid less for the same work
- Being prohibited from expressing or identifying with a certain gender
- Being retaliated against for filing a complaint or participating in an investigation
- Receiving fewer benefits or job assignments
- Enduring sexual or gender-based harassment
The California Department of Fair Employment and Housing investigates and enforces FEHA. The agency, located in Los Angeles, takes sexual discrimination complaints very seriously and may administer consequences to employers who perpetrate or tolerate them.
What to Do if You Experienced Sex Discrimination
Your first step after experiencing sex discrimination in California should be to document the discriminatory actions and gather any other evidence you may have.
It can be highly beneficial to contact one of our attorneys before you take any further action, as we can help you understand how federal and state laws apply to your situation and whether filing a formal HR complaint is a good idea.
We can also highlight additional resources, help you craft statements or file any necessary paperwork, and determine the best way to prove gender discrimination in your case.
Your Rights and Options
You have a right to a workplace free from sex-based discrimination and harassment. If this right is violated, you have a right to file a complaint with the California Civil Rights Department and the EEOC and participate in their investigations.
If you receive a right-to-sue letter from either agency, you have the right to bring a lawsuit against your employer. Possible remedies may include back pay, reinstatement, or compensatory damages.
Contact Us for Your Sex Discrimination Case
Being harassed or discriminated against at work because of your gender, pregnancy status, or sexual orientation can be a harrowing and disorienting experience that can affect so many aspects of your life, livelihood, and well-being.
The situation can be made even more stressful when your workplace refuses to protect you or take your complaint seriously.
During this scary time, you need someone on your side who will be sensitive to your needs while aggressively pursuing your rights under the law.
Our firm has a 99% success rate in over 750 employment and civil rights cases, and we have won over $250 million for our clients who simply wish to live and work without fear of harassment or discrimination.
If you have experienced a violation of your civil rights on the job, your case matters to us. Contact us today to learn how we may be able to help you move your case forward.
FAQs
Gender bias is a form of unconscious bias in which a person tends to prefer one gender over another due to stereotypes and beliefs they have developed over time.
Gender discrimination goes beyond unconscious beliefs. It is the intentional act of treating someone unfairly because of their gender. Because unconscious stereotypes can lead to unfair expectations and influence decision making, some find that gender bias can eventually lead to discrimination.
There is no set amount a plaintiff can recover for damages in a gender discrimination lawsuit, as settlement size can depend on the severity and impact of the discrimination, your financial damages, the strength of your case, and even the employer’s size and financial outlook.
While California’s FEHA does not impose caps on damages, Title VII of the Civil Rights Act of 1964 caps damages based on company size, with $300,000 being the upper limit for very large companies and $50,000 being the limit for companies with 50-100 employees.
Sex discrimination is illegal according to both federal and California state laws, including in the process of hiring, firing, determining pay, promotions, and demotions.
Any given employer may have their own sex discrimination policies, but it is not legal for those policies to violate the basic rights and protections afforded to employees via official laws and regulations.
Yes. Pregnancy discrimination is considered a form of sex discrimination. Several federal laws address this type of discrimination directly, including the Americans with Disabilities Act, the Pregnant Workers Fairness Act, and Title VII of the Civil Rights Act of 1964 (as amended by the Pregnancy Discrimination Act).
In California, pregnancy discrimination is expressly prohibited by FEHA. Additional rights are afforded to pregnant individuals under the California Family Rights Act and statewide Pregnancy Disability Leave (PDL) policies.
Some ways that employers commonly discriminate against employees on the basis of sex include offering unequal pay for similar work (even with the same qualifications), denial of promotions, and refusal to hire someone because of past, current, or potential pregnancy.
Other examples include perpetrating or allowing unwelcome sexual advances or requests for sexual favors, denying a reasonable accommodation, harassment based on gender identity or expression, and limiting access to training or networking opportunities based on sex.
Yes. However, keep in mind that both federal and state laws impose time limits on filing charges, which may be a required step before filing a lawsuit, depending on the nature of your claim.
Neither the EEOC nor the California Civil Rights Department requires you to file a complaint with HR before filing a complaint with an agency (which is necessary before taking legal action).
In some instances, it can serve as a form of documentation and may strengthen your case. However, there are times when it may lead to even more distress or unfair treatment.
It’s best to consult a civil rights attorney as soon as possible for advice on whether filing a formal complaint with HR is a good idea for your case.
When working with a sex discrimination lawyer, California allows you three years from the date you were last harmed to file a complaint.
If you are filing a charge with the EEOC, you have up to 300 days from the last incident, as California’s state agency (the Civil Rights Department) enforces state anti-discrimination laws. You have one year from the time you receive a right-to-sue letter from either agency to file a lawsuit in court.
In general, it’s a good idea to document each incident in writing, including the date, time, and location.
Along with any written copies of evidence you may have (such as emails, text messages, performance evaluations, termination or demotion notices, or company policies), try to include detailed information about what was said or pictures of offensive material.
If there are eyewitnesses willing to give written or verbal statements, record and preserve those as well. You may also want to gather any evidence you can find that others outside of your protected class have been treated more favorably than you.
An experienced sex discrimination lawyer can help you determine which evidence may help you build a strong case and advise you on how to obtain it.
No. Complaining about discrimination is a protected activity. Both state and federal law set forth by California’s Civil Rights Department and the EEOC have made it illegal to fire someone for doing so.
You have a right to report discrimination without fear of retaliation, and our attorneys have deep experience fighting for that right on behalf of clients who have been harmed by illegal activity in the workplace.
