Gender Discrimination Attorney in California
Everyone deserves to feel safe and respected in the workplace. But when discrimination rears its ugly head, it can be a heartbreaking experience – especially if you're targeted simply because of your gender. We understand what an awful time this must have been for you, which is why our gender discrimination lawyers are here to fight on your behalf against unfair treatment based on sex or gender identity/expression. Don't hesitate to get in touch now; we're standing by ready to help!
Understanding Gender Discrimination in the Workplace
What is Gender Discrimination?
Gender discrimination involves any unfavorable treatment toward an employee because of their gender identity or sexual orientation; pregnancy discrimination also falls under the umbrella of gender discrimination.
Gender discrimination is an unfortunately common source of discomfort in the workplace. It can manifest itself through inappropriate remarks or jokes, as well as more subtle nuances like a particular tone when addressing someone. If you feel that gender-related bias has impacted your career experience, our California gender discrimination attorneys are ready to help assess and fight for justice within your case.
How Do I Know If I'm Being Discriminated Against Because of My Gender?
Gender discrimination may be blatant but it can also be subtle. If you even slightly suspect that you are experiencing gender discrimination at work, it is worth looking into with help from an experienced attorney.
Here are some common examples of gender discrimination in the workplace:
- A job you applied for was given to someone of a different gender, even though you were the more qualified candidate
- You were passed over for a promotion for someone of a different gender
- You are being paid less than a coworker of a different gender for the same level/amount of work
- Your workload is noticeably less or more than a coworker of a different gender
- Being told that your wardrobe is not appropriate for work, even though there is no official dress code
When Gender Discrimination Turns into a Hostile Work Environment
When gender discrimination is tolerated in the workplace it is not unexpected when that discrimination turns into a hostile work environment. A hostile work environment occurs when an employee is harassed because of their gender identity or sexual orientation, making them feel uncomfortable or even unsafe. Coworkers, supervisors, and even vendors can be the source of the harassment that is creating a hostile work environment.
Examples of workplace gender harassment can include:
- Derogatory remarks about an employee's gender or gender identity
- Offensive statements about an employee's sexual orientation
- Intentional misuse of an employee's preferred name or pronouns
An isolated incident or simple teasing is not considered gender harassment. The harassing or hurtful behavior must be so frequent or severe that it creates a hostile work environment.
What Laws Protect Employees from Gender Discrimination in California?
Employees in California are protected from gender discrimination under several laws. The primary laws include the California Fair Employment and Housing Act (FEHA), which prohibits discrimination based on gender, gender identity, and gender expression, and the federal Title VII of the Civil Rights Act of 1964. Additionally, the California Equal Pay Act requires that employers pay men and women equally for substantially similar work. These laws ensure that employees have the right to a workplace free from gender-based discrimination and provide avenues for legal recourse if discrimination occurs.
What Steps Should an Employee Take if They Believe They are Experiencing Gender Discrimination?
If an employee believes they are experiencing gender discrimination, they should take several steps. First, document the incidents, including dates, times, and descriptions of discriminatory behavior. Next, review the company's policies on discrimination and harassment. Employees should then report the discrimination to their supervisor, HR department, or use any internal complaint mechanisms available. If the issue is not resolved internally, the employee can file a complaint with the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC). Seeking legal advice from an attorney specializing in employment law may also be beneficial.
What Remedies are Available for Victims of Gender Discrimination in California?
Victims of gender discrimination in California have several remedies available to them. They can seek reinstatement if they were wrongfully terminated, back pay for lost wages, and compensation for emotional distress. Victims may also be entitled to punitive damages if the employer's conduct was particularly egregious. Additionally, the employer may be required to implement policy changes and training programs to prevent future discrimination. Legal action can lead to settlements or court judgments that aim to compensate the victim and ensure that discriminatory practices are addressed and rectified.
Can Men Experience Gender Discrimination in the Workplace?
Yes, men can also experience gender discrimination in the workplace. While gender discrimination is often associated with the mistreatment of women, men can face similar issues such as being passed over for roles traditionally held by women, experiencing harassment for not conforming to gender norms, or being denied parental leave. The laws protecting employees from gender discrimination apply to all genders, ensuring that everyone has the right to a fair and equal work environment. It is important for men to recognize that they too can be victims of discrimination and to seek help if they experience it.
When Should I Involve a Gender Discrimination Attorney?
When it comes to a gender discrimination case in California, the best thing you can do is take action right away. After speaking with Human Resources and your supervisors about the issue internally, if nothing seems resolved then consulting with a gender discrimination lawyer might be necessary. During this consultation, they can help you build an effective legal strategy for defending yourself or pressing charges against those who discriminated against you while offering advice on what actions need to be taken next — all of which should occur as soon as possible in order to increase chances of success in court.
Polaris Law Group is ready to fight for your rights after an incident of gender discrimination. Call (888) 796-4010 to get started!