California Gender Harassment Lawyers

In California, employees are protected from gender harassment under both federal and state laws. The most relevant state law is the California Fair Employment and Housing Act (FEHA), which applies to employers with 5 or more employees and provides robust protections against all forms of sexual harassment, including gender-based harassment.

FEHA defines gender harassment broadly, encompassing behaviors targeting an individual’s sex, gender, gender identity, or gender expression. California lawyers specializing in employment law often handle cases involving FEHA violations, as the act allows for potentially unlimited compensatory and punitive damages, unlike the federal law which imposes caps.

Key Rights Under FEHA Against Gender Harassment and Gender Discrimination

• Protection from Harassment: FEHA protects California employees from harassment not only by their employers but also by co-workers and third parties like customers or vendors if the employer knows about the harassment and fails to take appropriate corrective action.
• Definition of Harassment: Gender harassment under FEHA includes any unwelcome verbal, visual, or physical conduct of a gender-related nature that is severe or pervasive enough to create a hostile work environment. This form of harassment does not necessarily have to be sexual in nature—it can include demeaning comments, slurs, or derogatory statements related to a person’s gender.
• Definition of Discrimination: Gender discrimination under the California Fair Employment and Housing Act (FEHA) refers to unfair treatment or disparate impact experienced by individuals based on their sex, gender, gender identity, or gender expression in employment settings
• Employer Responsibility: California employers have a legal duty to take reasonable steps to prevent and promptly correct harassing behavior. This includes implementing effective anti-harassment policies, providing training to employees, and taking complaints seriously.
• No Retaliation: California employees are also protected from retaliation if they complain about gender harassment, participate in an investigation, or testify in proceedings about harassment.

Examples of Gender Discrimination and Harassment

• Example 1: A male employee frequently makes derogatory comments about women being less capable and more emotional than men. This conduct could be considered gender harassment if it is severe or pervasive enough to create a hostile or intimidating work environment.
• Example 2: A transgender woman is subjected to continual mis gendering by her colleagues and supervisors, despite her requests to be addressed by her chosen name and pronouns. This behavior can constitute gender harassment.
• Example 3: A female employee receives repeated, unsolicited remarks about her appearance and gender-specific comments that suggest she got her job only because of her gender. Such comments could rise to the level of harassment if they are part of a broader pattern of demeaning treatment based on her gender.
• Example 4: A manager frequently jokes about a male employee’s responsibilities as a father and makes fun of him for taking leave to attend to his parental duties, suggesting that such duties should only concern women. This could be seen as harassment based on gender stereotypes.
• Example 5: During a team meeting, a female supervisor outlines project instruction when a male employee interrupts her and claims he rather hear the instructions from the male supervisor within the office. This could be seen as gender discrimination.

California law robustly protects employees subjected to workplace harassment that creates intimidating, hostile, or offensive environments. These protections go beyond federal standards, covering more protected characteristics and smaller employers.

We understand how intimidating it can be to speak out against your employer, a large corporation, or others who may hold power over you. As experienced employment and gender harassment lawyers, our office recognizes the unique challenges and sensitivities involved in these cases. While legal cases can be lengthy and complicated, we will guide you through every step of the process, making sure you understand your options and can achieve a result you’ll be happy with.

If you are subjected to gender discrimination in the workplace, our lawyers understand the complexities of gender discrimination claims under California law and are committed to helping you pursue justice. We are dedicated to fighting for your rights and securing the compensation you deserve for unlawful gender-based discrimination.

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