California Gender-Based Employment Discrimination Attorney
A gender discrimination lawsuit is challenging and complicated. It is crucial to work with an experienced California gender-based employment discrimination lawyer when filing your case. The Law Offices of Bamieh & De Smeth, PLC have knowledgeable attorneys and staff dedicated to fighting discrimination in every form. Call (805) 643-5555 to schedule a free appointment to discuss your situation.
Gender Discrimination Laws for California Workplaces
Gender discrimination is not sex discrimination, though they are similar. Sex discrimination is based on biology, while gender discrimination arises from characteristics culturally associated with sex. For example, if a woman is paid less than her male counterpart, that could fall under sex discrimination because a man and woman are being treated differently. However, if a woman is not promoted because she wears traditionally masculine clothing to work, then the discrimination is based on gender because it deals with presentation and characteristics. As more people identify with genders that differ from their sex assigned at birth, gender discrimination is becoming a greater concern in the workplace.
Any employee can face gender discrimination during their employment. Depending on the circumstances, discrimination could be overt or subtle, potentially going unnoticed by many coworkers. It is not uncommon for gender discrimination to slow an individual’s career, costing them promotions, opportunities, and money.
Laws that Protect California Employees from Gender Discrimination in the Workplace
Several state and federal laws protect California residents from gender discrimination in the workplace. California law is often stronger and more inclusive than the federal anti-discrimination laws.
Fair Employment and Housing Act
California enacted the Fair Employment and Housing Act to provide people protection against discrimination. The act applies to public and private employers, labor organizations, and employment agencies. It extends to more than just employees and protects paid and unpaid interns and those applying for a job.
Equal Pay Act of 1963
The Equal Pay Act of 1963 addresses discrimination related to wages. The act is an extension of Title VII, which protects employees against many forms of discrimination in the workplace and elsewhere.
Civil Rights Act of 1964
Title VII of the Civil Rights Act of 1964 protects employees from discrimination based on race, color, religion, sex, and national origin. The act applies to employers with 15 or more employees.
In 2020, the Supreme Court held that Title VII extends to employment discrimination based on sexual orientation and gender identity. The decision in Bostock v. Clayton County (2020) makes it clear that the language of Title VII includes forbidding discrimination based on gender identity or sexual orientation, making it illegal for employers to do so under federal law.
Types of Gender Discrimination in California
In many cases, identifying gender discrimination in the workplace can be challenging. Also, one instance does not always rise to a level of discrimination that you can sue for. However, just one instance can be enough to file a lawsuit, especially in cases of wrongful termination or not hiring someone based on their gender identity.
Anyone can experience gender discrimination regardless of their gender or whether they are cisgender or transgender. It is also not limited by salary or benefits; anyone at any level of employment could face gender discrimination in the workplace.
Gender discrimination comes in many different forms. If you were not hired or fired because of your gender identity, you could have been the victim of discrimination. Additionally, not promoting someone or limiting their opportunities in the workplace because of their gender is also illegal. When there are pay discrepancies among jobs with similar duties, qualifications, and titles, there could be a case for gender discrimination.
These are just a few examples of negative employment actions that could involve gender discrimination. If you believe you have experienced gender discrimination, contact The Law Offices of Bamieh & De Smeth.
How Do I Prove Gender Discrimination at Work in California?
Proving a workplace discrimination case is often difficult. In most cases, an employer will not come out and state they are doing something because of a person’s gender. Instead, they might try to point to pretextual excuses for the actions taken. The burden of proof for establishing a claim of employment discrimination lies with the plaintiff.
To establish a case of discrimination, our Ventura, CA employment discrimination attorney will have to show that the plaintiff is part of a protected class, that there was adverse conduct on the part of the employer, that the victim was meeting their employment expectations, and that a similarly qualified person outside the protected class was given the opportunity instead or did not face the same negative decisions.
Once our office has met this burden of proof, the employer will have to demonstrate that they had a legitimate excuse for their conduct. If this happens, then the burden shifts back to the victim to show the non-discriminatory basis provided by the employer is mere pretext.
What to Do If You Suffered Gender Discrimination in California
If you believe you have faced gender discrimination in the workplace, you should first speak with your supervisor or someone in your human resources department. If possible, you should file an official complaint. We understand that this is not possible in every situation, but you should still speak to another trusted employee to begin building a record and documenting any conduct you believe is discriminatory.
Before moving forward with a lawsuit, you must file a complaint with the federal Equal Employment Opportunity Commission or the California Department of Fair Employment and Housing. Once either agency investigates your claim, you will receive a “right to sue” letter. At this point, our California gender-based employment discrimination attorney can formally begin your lawsuit.
Call Our California Gender-Based Employment Discrimination Attorney for a Free Consultation
If you were the victim of gender discrimination in your workplace, you need an experienced California gender discrimination lawyer working on your behalf. Our California employment discrimination attorney is dedicated to vigorously fighting for people’s rights. Call the Law Offices of Bamieh & De Smeth, PLC at (805) 643-5555 to schedule a free consultation.