In California, as in most states, it is against the law for any employer to discriminate against an employee based on their sex or gender. It is also illegal for any employer to pay employees of the opposite sex different wages for the same work.
Unlike many other states, however, California law offers broad protections to people based on their sex, gender identity, gender expression, sexual orientation, or if they consider themselves transgender. Sex and gender discrimination violates several California laws, including the California Fair Pay Act, the California Equal Pay Act of 1949, and the California Fair Employment and Housing Act (FEHA).
There are also federal laws that protect employees against discrimination, including Title VII of the Civil Rights Act, the Pregnancy Discrimination Act, the Age Discrimination in Employment Act, the Americans With Disabilities Act, and the Equal Pay Act, along with other legal statutes.
Due to recent Supreme Court decisions, Title VII’s definition of sex and how the EEOC enforces it now includes LGBTQ+.
What Is Considered Sex or Gender Discrimination in the Workplace?
The California Fair Employment and Housing Act is the law that defines discrimination in the workplace in California. It includes:
- Refusing to hire someone based on their sex or gender
- Refusing to select a person for a training program
- Forcing an employee to quit
- Any form of sexual harassment or gender bias
- Not paying an employee of one sex the same as an employee of another sex for equal work
- Assigning jobs based on sex or gender
The law also includes discrimination that is based on how employers treat men and women:
- Employees cannot be treated differently because of pregnancy or medical conditions related to pregnancy
- Breastfeeding or medical conditions related to breastfeeding
- Pregnancy or medical conditions related to childbirth
What Are Examples of Gender Discrimination?
Some of the signs that may signal your employer is discriminating against you based on your sex or gender include:
- Promotions are regularly denied
- You are paid less
- Wrongful termination
- Your employer may exclude you from important meetings based on your gender or sex
- Your employer suggests that you wear revealing clothing to help sales with male clients
- Coworkers share offensive memes or comics via email or social media
- After many positive job reviews, you suddenly received a negative job review after complaining about workplace discrimination
Let HKM Employment Attorneys Help You with Your Gender or Sex Orientation Discrimination Claim
We are a multi-jurisdictional employment law firm with office locations across the United States. Our practice areas focus on helping employees deal with all issues connected to employment law. For instance, it can be a long and complicated process to deal with a gender and sexual orientation discrimination claim before an employee may be allowed to sue their employer.
It’s essential to work with an experienced employment law attorney from the beginning of the process. Retaining an experienced attorney who has years of experience dealing with both state and federal employment discrimination cases and who can build a strong attorney-client relationship is a key step in a successful resolution to your claim.
If you live in the San Diego or Southern California area and would like to schedule a consultation, call our office today.