California Gender Discrimination Lawyers

In California, employees are protected from gender or sex discrimination under both federal laws such as Title VII of the Civil Rights Act of 1964, and state laws like the California Fair Employment and Housing Act (FEHA). FEHA provides comprehensive protections and applies to employers with 5 or more employees, offering broader coverage than federal law.

Key Rights Under FEHA Against Gender Discrimination

1. Hiring, Firing, and Promotions: Employers cannot make decisions about hiring, firing, promoting, demoting, or transferring employees based on their gender, sex, or related characteristics.
2. Pay and Job Assignments: It is illegal to discriminate in compensation or the terms, conditions, and privileges of employment. This includes providing different salaries, benefits, or job assignments based on gender.
3. Harassment: Sexual harassment and gender-based harassment are prohibited. This includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. It also includes harassment based on gender, which can be non-sexual in nature.
4. Pregnancy and Parental Rights: Discrimination based on pregnancy, childbirth, or related medical conditions is illegal. Employers must provide reasonable accommodations and cannot penalize a woman for being pregnant or taking maternity leave.
5. Gender Identity and Expression: Discrimination based on gender identity, gender expression, or transgender status is prohibited. Employers must respect an employee’s gender identity and expression, including allowing access to facilities that correspond to an employee’s gender identity.
6. Retaliation: Protects employees from retaliation for filing a gender discrimination complaint, participating in an investigation, or opposing practices believed to be discriminatory.

Examples of Gender Discrimination

• Example 1: A qualified female employee is consistently passed over for promotions, which are given to less-qualified male colleagues. This could be a case of gender discrimination.
• Example 2: An employer reduces the salary of a male employee because he takes paternity leave, while female employees who take maternity leave are not penalized. This is discriminatory based on gender.
• Example 3: A transgender employee is denied access to the women’s restroom that corresponds to her gender identity and is frequently subjected to derogatory comments from coworkers. This is both harassment and discrimination based on gender identity.
• Example 4: A male employee faces unwelcome touching and sexual jokes from his supervisor, creating a hostile work environment. This is a form of sexual harassment.
• Example 5: A pregnant employee requests a temporary change in her work duties to avoid heavy lifting, as advised by her doctor. Her employer refuses, although such accommodations have been made for other employees with non-pregnancy-related health issues. This could be viewed as pregnancy discrimination.

Legal Remedies

Employees who believe they have been discriminated against can file a complaint with the California Department of Fair Employment and Housing (DFEH). DFEH can investigate the complaints, mediate disputes, and enforce remedies if discrimination is found. Remedies might include back pay, reinstatement, policy changes at the workplace, and compensation for emotional distress.

Knowing your rights and understanding the complaint process empowers you to seek justice for gender discrimination experienced in the California workplace. The DFEH stands as a valuable resource, offering investigation, mediation, and enforcement to ensure fair treatment and hold employers accountable for discriminatory practices. By taking action, you can not only secure remedies for yourself but also contribute to creating a more equitable work environment for everyone.

These protections and scenarios highlight California’s strong stance against gender or sex discrimination, aiming to ensure fair and equitable treatment in the workplace.

California’s robust legal framework, particularly through the DFEH, provides a clear path to fight back against gender discrimination. We’ll guide you through understanding your rights under FEHA and federal law, ensuring you have a comprehensive grasp of the legal landscape impacting your case. This knowledge empowers you to make informed decisions about the best course of action.

Filing a complaint with the DFEH can feel daunting, but you won’t be alone. We’ll walk you through each step, from gathering evidence and completing the complaint form to navigating potential mediation sessions with the employer. Our team will provide the support and guidance you need to feel confident throughout the process.

The DFEH plays a crucial role in investigating your allegations.  We’ll help you prepare for potential interviews and ensure you understand your rights during the investigation phase.  If the investigation reveals evidence of discrimination, we’ll work with you to explore available remedies enforced by the DFEH, such as back pay, reinstatement, or compensation for emotional distress.

While some cases may require legal action in court, California also emphasizes Alternative Dispute Resolution (ADR) options like mediation. We’ll work with you to assess the feasibility and potential benefits of ADR, which can often lead to a faster and more cost-effective resolution.

By speaking out against gender discrimination, you’re not just fighting for yourself; you’re contributing to a more just and equitable work environment for everyone. We understand that legal cases can be lengthy and complex, but with our guidance and support, you can navigate the process with confidence and achieve a positive outcome.

We understand how intimidating it can be to speak out against your employer, a large corporation, or others who may hold power over you. 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.

Don’t hesitate to reach out for a free consultation. We’ll listen to your story, answer your questions, and discuss your legal options.  Together, we can ensure your voice is heard and that you receive fair treatment in the California workplace.