Sex discrimination is an illegal act that can negatively affect one’s ability to receive and maintain gainful employment or housing. Sex discrimination can include either a single act or continuous conduct that treats another person unfairly because of their status as a male or female. There are a wide assortment of acts that could be considered sex discrimination. However, some examples of sex discrimination include discrimination and sexual harassment based on:
- A person’s status as a male or female;
- Childbirth;
- Breastfeeding;
- Pregnancy; and
- All other sex-specific medical conditions.
In LA, the prohibition against sex discrimination applies to all aspects of employment including the hiring and interviewing process, firing, layoffs and the granting of promotions, job responsibilities and employee benefits. California state law, as well as federal law, provides prohibitions against discrimination based on a person’s sex and resulting medical conditions. Under federal law, Title VII of the Civil Rights Act of 1964 prohibits discrimination by employers because of an employee’s sex.
Video: Attorney Daniel Kalish explains Sex Discrimination in California
California Law and Workplace Sex Discrimination in Los Angeles
California’s Fair Employment and Housing Act (FEHA) is the comprehensive statute that legally prohibits discrimination within the state. The FEHA prohibits discrimination based on a person’s sex, religion, race, sexual orientation, marital status, gender identity, mental disability, age, ancestry and mental condition. This law provides you with legal cause for action if you are ever discriminated against in the workplace because of your sex, or any housing-related situation. The enforcement of the FEHA is overseen by the California Department of Fair Employment and Housing (DFEH).
The FEHA governs both employment discrimination and housing discrimination. With regards to employment discrimination, the FEHA places the following restrictions and requirements:
- Prohibits employers from prohibiting or limiting the use of any type of language at the workplace unless such limitation/prohibition is a justifiable business necessity. When the prohibition is justified, employees must be notified of the language restriction;
- Prohibits harassment of potential employees, independent contractors and employees. Requires employers to take any reasonable step necessary to prevent harassment based on childbirth, pregnancy, breastfeeding and other medical conditions;
- Requires all employers to offer employees information about the illegality, legal remedies and nature of sexual harassment conduct. Either an employer must provide this information by creating and distributing its own company-specific publication that must comply with California Government Code section 12950, or the official DFEH sex discrimination/harassment brochure must be distributed to employees; and
- Allows employees and applicants to file complaints against an employer with the DFEH, labor union or employment agency.
Los Angeles Sex Discrimination Attorneys: Get the Representation You Deserve
If you feel that you have been subjected to sex discrimination in the workplace, you should contact the professional Los Angeles, California sex discrimination attorneys at HKM Employment Attorneys LLP. We can help you receive the compensation that you deserve, and some of the many penalties that could be imposed against your employer include:
- Damages for out-of-pocket expenses related to your suit;
- Compensation for wages lost due to wrongful termination;
- Injunction against the company for the unlawful discrimination and harassment practices;
- Fines levied against the employer for violating the FEHA and other nondiscrimination statutes; and
- Punitive damages and civil liability penalties.
Don’t hesitate to call us today so that we can get starting working on your case.
