Experienced Gender Discrimination Attorneys in California

Our highly knowledgeable and experienced California employment law attorneys at Romero Law, with their deep understanding of gender discrimination in the workplace, are adept at explaining the intricacies of this issue to our clients. Gender discrimination, which refers to the unfair treatment of an employee or job applicant based on their gender, can take many forms and is strictly prohibited under state and federal laws.

If you believe you are being discriminated against because of your gender, we want to help you understand your legal rights and options to hold your employer accountable for their unlawful actions. We start this process with a free consultation because your rights and well-being are important to us.

Gender Discrimination

What Legal Protections are in Place for California Workers Who Face Gender Discrimination?

California and federal laws provide robust and comprehensive legal protections for workers who face gender discrimination. These protections ensure a fair and equitable workplace and offer strong remedies to those discriminated against, giving you the assurance that your rights are safeguarded.

That includes the California Fair Employment and Housing Act (FEHA) that:

  • Prohibits discrimination based on gender, gender identity, and gender expression.
  • Covers employers with five or more employees.
  • Provides protections against retaliation for reporting or opposing discrimination.

Key provisions:

  • Employers cannot discriminate against employees or job applicants based on gender.
  • Prohibits harassment based on gender and requires employers to take reasonable steps to prevent harassment.
  • Requires employers to provide reasonable accommodations for employees affected by pregnancy, childbirth, or related medical conditions.

In addition, the federal Title VII of the Civil Rights Act of 1964:

  • Prohibits discrimination based on sex (gender) in any aspect of employment.
  • Applies to employers with 15 or more employees.

Key provisions:

  • Protects against discrimination in hiring, firing, promotions, compensation, and other employment practices.
  • Prohibits sexual harassment and gender-based harassment.
  • Includes protections against retaliation for reporting or opposing gender discrimination.

Equal Pay Act of 1963

  • Federal law requires that men and women be given equal pay for equal work in the same establishment.

Key provisions:

  • Employers must provide equal pay for jobs requiring equal skill, effort, and responsibility and performed under similar working conditions.
  • Prohibits pay discrimination based on gender.

California Equal Pay Act

  • State law that strengthens federal equal pay protections.
  • Applies to all employers in California.

Key provisions:

  • Requires equal pay for substantially similar work, when viewed as a composite of skill, effort, and responsibility, performed under similar working conditions.
  • Prohibits retaliation against employees who disclose, discuss, or inquire about their wages or the wages of others.

Pregnancy Disability Leave (PDL)

  • California law provides job-protected leave for employees disabled by pregnancy, childbirth, or related medical conditions.
  • Applies to employers with five or more employees.

Key provisions:

  • Provides up to four months of leave for pregnancy-related disabilities.
  • Requires employers to provide reasonable accommodations and reinstatement to the same or comparable position.

California Family Rights Act (CFRA)

  • Provides job-protected employee leave for family and medical reasons, including pregnancy and bonding with a new child.
  • Applies to employers with five or more employees.

Key provisions:

  • Allows for up to 12 weeks of unpaid, job-protected leave.
  • It can be used for a child’s birth, adoption, or foster care placement or the employee’s serious health condition.

What are the Most Common Forms of Gender Discrimination in California?

Gender discrimination in California can manifest in various forms, affecting different aspects of employment.

Here are some of the most common forms:

Hiring and Firing

  • Refusing to hire or promote less qualified individuals of a different gender over more qualified candidates.
  • Terminating an employee based on their gender.

Compensation and Benefits

  • Paying employees differently for the same work based on gender.
  • Offering different benefits or opportunities for advancement based on gender.

Job Assignments and Promotions

  • Assigning tasks or roles based on gender stereotypes.
  • Overlooking qualified individuals for promotions because of their gender.

Harassment

  • Sexual harassment, including unwanted advances, comments, or physical contact.
  • Creating a hostile work environment through gender-based harassment or derogatory remarks.

Training and Career Development

  • Denying access to training programs or professional development opportunities based on gender.

Pregnancy Discrimination

  • Treating an employee unfavorably because of pregnancy, childbirth, or related medical conditions.
  • Failing to provide reasonable accommodations for pregnancy-related conditions.

Retaliation

  • Retaliating against an employee for complaining about gender discrimination or participating in an investigation or lawsuit related to gender discrimination.

Contact Our Employment Law Attorney Today

If you believe you are being discriminated against in the California workplace because of your gender, contact our experienced Los Angeles County employment law attorneys today to discuss your unique circumstances. Our employment law firm and bilingual staff offer services in both English and Spanish and are available to discuss your case by calling (626)-396-9900 or contacting us online.


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