Gender Discrimination Lawyers in San Diego
What is Gender Discrimination?
Gender discrimination is any kind of difference in treatment or opportunity made solely on the basis of a person’s sex. Traditionally, women bore the brunt of gender discrimination and were excluded from certain educational and employment opportunities. Although they are less likely to be entirely excluded from any profession or job category today, women still face gender discrimination when it comes to determining salary and other workplace matters. They are also more likely to be assigned to lower-level clerical jobs and to be promoted less often, hitting what is referred to as the “glass ceiling” – a level beyond which it is difficult to rise in the corporate world.
If you have experienced any of the following forms of discrimination at work based on your gender, you should consult a gender discrimination attorney in San Diego to learn about your legal options. At Haeggquist & Eck, LLP, you will find a team of attorneys experienced in state and federal employment and dedicated to workplace equality.
What is Gender Discrimination in the Workplace?
Gender discrimination in the workplace happens whenever an individual is treated different, usually unfavorably because of their gender.
These are a few common manifestations of gender discrimination:
- Wrongful termination
- Unfair work assignments
- Hiring discrimination
- Exclusion from training or promotion opportunities
- Persistent harassment
- Gender-based salary inequality
Discrimination Against Women
Sexual discrimination against women was made illegal by The Civil Rights Act of 1964, which outlawed discrimination based on race, color, religion, sex, or national origin. The Equal Pay Act of 1963 had made salary discrimination against women illegal. Nevertheless, women currently earn only 77 cents to every dollar that men are paid in the United States today.
Discrimination Based on Lifestyle & Gender Choice
The right to be free from discrimination based on gender choice or failing to adhere to cultural gender-related stereotypes is protected by state and federal legislation.
Gender is defined as “a person’s sex, including the person’s gender identity and gender-related appearance and behavior, regardless of whether or not it is stereotypically associated with the person’s assigned sex at birth.” Discrimination against someone because that person is transgender also called gender identity discrimination, is a form of prohibited sex discrimination in violation of Title VII of the federal Civil Rights Act of 1964, as well as a violation of California’s Fair Employment and Housing Act (FEHA).
A relatively new challenge to human rights and workplace equality in the 21st Century is the fact that the concept of gender is becoming more fluid. People no longer feel compelled to behave in the manner that society expects of their gender. Additionally, people are now able to determine their gender for themselves, regardless of the sex they were born. With more openly LGBTQ people in the workforce, tolerance for diversity is more important than ever, to preserve a workplace where worker dignity is protected. Regardless of gender, whether biological or chosen, everyone has the right to work for a living in a non-hostile, equal opportunity environment.
What Are Your Rights?
If you have been discriminated against based on your gender, you have rights! You have the right to:
Work in a safe workplace environment that does not have discrimination. Your employer is legally required to provide a work environment that is not ‘hostile’ based on your gender.
Discuss or speak out against the gender discrimination in your workplace. You may speak to your coworkers and your supervisor. You have the right to tell your employer that you believe a policy or coworker is discriminating against others. It is illegal for your employer to punish you for speaking out including firing you, being demoted, cutting your pay, switching shifts and any negative effect on you.
Report the behavior to HR or your boss.
File a grievance. If you are part of a union and you believe you were treated unfairly at work you can contact your union representative.
Protest against discrimination. The National Labor Relations Act protects a group that raises concerns about their pay or working conditions.
File a complaint with the Department of Fair Employment and Housing (DFEH) in California. You have the right to tell your employer you plan to file a charge and they can’t retaliate against you.
If you believe you have been discriminated against based on your gender and have been fired or retaliated against for doing any of the above, do not hesitate to contact Haeggquist & Eck, LLP. Our employment lawyers are here to make sure you get the compensation you deserve!
Experienced Gender Discrimination Attorneys in San Diego
If your employer is making employment decisions based on stereotyping or gender roles, they are in violation of the law. Don’t suffer in silence. At Haeggquist & Eck, LLP, we are deeply committed to the human rights and dignity of all Californians and take pride in our success in helping to create equal employment opportunities for everyone.
If you believe you have been subjected to sex or gender discrimination in the San Diego area, contact us online to arrange a free case evaluation with one of our experienced, knowledgeable, and passionate gender discrimination attorneys to fight aggressively for your right to workplace equality.
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