In the state of California, employment laws can be tricky to decipher, particularly for those who feel they have been discriminated against by an employer. One of the most important things to know is that employers in California can fire or discipline an employee for any reason at any time. However, that doesn’t mean they can get away with discriminating against their employees.
Employers are never allowed to terminate or discipline an employee based on their gender. Retaliation or discrimination based on an employee’s gender are examples of illegal conduct. Unfortunately, in California and across the rest of the United States, gender discrimination cases still occur fairly commonly.
People are discriminated against when they are treated unfavorably based on their gender or the gender with which they choose to identify. Often, discrimination is demonstrated through conduct or statements, such as denial of employment, wrongful termination, or a change in terms or conditions of employment, such as wages, hours, or bonuses.
While cases of gender discrimination are common, it is rare for an employer to act in an openly discriminatory manner. The days when women were, for example, required to wear dresses for work or openly offered lower wages than men for the same position are gone, but gender discrimination in the workplace is still pervasive.
Even if gender discrimination doesn’t happen openly, if you or someone you know have been a victim of discriminatory behavior based on your gender, then you can still seek compensation. Nowadays, proving a violation of labor laws requires a thorough compilation of evidence that clearly shows a pattern of conduct, to win discrimination lawsuits. It takes an experienced employment attorney to prepare these cases.
The Orange County gender discrimination attorneys at the Law Offices of Samer Habbas & Associates have the experience, knowledge, and resources to handle all types of employment discrimination cases. Our labor law attorneys will fight hard to protect your legal rights and seeking the full money damages you are entitled to. With multiple offices located in Irvine, Anaheim, Los Angeles, El Segundo, Riverside and San Diego, our employment lawyers represent victims of gender discrimination across Southern California.
Gender discrimination can happen to anyone, no matter what gender they identify with. However, women are most often the victims of gender discrimination. Women are often discriminated against in very subtle ways. For example, you should consult a sex discrimination attorney if you think that your gender is preventing you from getting promoted. Even though promotion issues and wage gaps are the most common discriminatory behaviors displayed by employers, discrimination can take many forms, no matter how subtle.
Employers violate the law when they prohibit women from working in environments with heavy lifting, for example. Alternatively, perhaps a woman is denied a sales position that they are perfectly qualified for in favor of a man because an employer unfairly believes that the man will be more aggressive and thus more successful at the job.
In short, discrimination occurs when employers assume that someone cannot perform a job competently because of their gender. Historically, women with children have been denied job opportunities or promotions, while having children rarely prevents men from being hired or promoted, even if they are single parents.
However, even though discrimination against women is more common, men can also be discriminated against by employers. In many cases, men are denied jobs traditionally held by women, such as being a sales associate in a floral shop.
Gender discrimination can be extremely harmful to an individual and their career, it’s a form of unlawful harassment. It can also include unwelcome sexual advances, requests for sexual favors, or other forms of harassment that are sexual. It’s also important to note that harassing remarks about a person’s sex does not have to be sexual. It also makes no difference what sex or gender the harasser or victim identifies with. For example, a female boss can still be accused of gender discrimination if they harass a female employee.
Title VII of the Federal Civil Rights Act prohibits private employers from discriminating on several bases, including race, color, religion, sex or national origin. In California, the Fair Employment and Housing Act (FEHA) provides similar protections with some added advantages.
It is very common for gender stereotypes and subconscious prejudgments to contribute to sex discrimination or gender discrimination. For example, if an employer creates stereotyped expectations of femininity for women in the workplace, this violates Title VII. Further, if an employer’s practice or policy inhibits aggressiveness for women but the roles that women are placed in require such a characteristic, this creates a bind for women since they are forced to behave in a certain way and if they do not they may be terminated.
All of the above-listed actions can be deemed as gender discrimination and such actions, whether overt or covert, violate both Title VII and FEHA. It is easier to abuse, prejudice, and bias these types of criteria, whether intentionally or unintentionally when evaluating an employee based on subjective criteria. The law also prohibits employers from encouraging male applicants or employees to assume authority or command based on their gender and stereotyping female applicants as submissive.
In California and the federal government, there are laws prohibiting discrimination at work, among many other conditions. The law states that employers cannot engage in the following:
All gender discrimination cases should be given serious consideration, no matter whether it’s a man or a woman who believes they have been discriminated against. If gender discrimination is suspected in the workplace, you should consult with a gender discrimination lawyer as soon as possible, rather than wondering about your case for years and waiting a long time to pursue justice.
The California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC), is the administrative body that can settle discrimination claims. It means that the agencies cooperate to process claims, which is known as a “work-sharing agreement.” As long as you indicate to one of the agencies that you want the claim to be “cross-filed” with the other, filing a claim with both agencies is not necessary. In many cases, speaking with a gender discrimination attorney about your situation is the best way to determine how to file your particular case.
To be successful in holding an employer accountable for discriminatory actions against you based on your gender, it’s important that you hire an expert attorney who has experience in gender discrimination cases. The process can be complicated and confusing, and it’s critical that you’re able to present a thorough case in court in order to hold your employer responsible for their actions. It’s advisable that you gather as much evidence as possible to help your attorney please your case. For example, proof of text messages or emails that display derogatory or discriminatory language based on gender is excellent evidence that can hold up strongly in court.
If you suspect you have been discriminated against in the workplace due to your sex or gender, it is important to consult with a sex discrimination attorney. The California gender discrimination lawyers at the Law Offices of Samer Habbas & Associates can help protect your rights as a California employee. With multiple offices located in Irvine, Anaheim, Los Angeles, El Segundo, Riverside and San Diego, our gender discrimination attorneys represent victims of discrimination (both male and female) across Southern California. For more information or to schedule a free consultation, please call 949-727-9300.
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