Employee discrimination is a serious issue in the State of California. State and federal laws govern employers and employees. If you suffered discrimination while working or seeking work in the State of California, you have options for holding an employer accountable for their actions. You should understand important details regarding employment law in California.
The San Diego employment discrimination attorneys of Haeggquist & Eck, LLP offers legal representation for employees who suffer employment discrimination in San Diego and surrounding counties. Call our office today for a free case evaluation during which we can discuss the facts of your case. Retaining an attorney is an important step to take when you want to hold your employer liable for discrimination.
No one wants to feel discriminated against at work.
Both federal and state laws prohibit employment discrimination based on several employee or applicant characteristics. These laws aim to ensure that employees in California and across the U.S. receive equal treatment and opportunities at work, and they provide rights and remedies for employees who experience discrimination in violation of the law.
One protected characteristic is gender, which also encompasses many other specific characteristics. Because gender discrimination at work can take so many forms, it’s hard to know whether you experienced this unlawful conduct. You should always seek help from a San Diego gender discrimination attorney at Haeggquist & Eck, LLP.
Our legal team protects workplace equality and ensures that our clients receive justice when an employer hinders their career for discriminatory reasons. We handle complex gender discrimination claims, and we can advise you of your rights and legal options. Reach out today for more information.
Gender discrimination occurs when an employer treats employees differently than others because of their gender or related factors. “Gender” is a wide umbrella in discrimination matters, and it became even more so in recent years. The following are some factors that might play a role in gender discrimination at work.
Long gone are the days when most women expected to forgo working to care for the household. These days, this is a personal choice, and many women choose to have lifelong careers with very little interruption. However, this does not mean that all employers treat women employees as they should under the law or that women always enjoy the work-related success that men do.
Many companies still have gender-biased cultures that—intentionally or not—treat women applicants and employees differently than men. For example, some companies never hire women as executives, and only just over 8 percent of Fortune 500 companies have women in the CEO chairs.
In addition, women struggle to obtain the salaries, bonuses, and promotions that men often do. Women might also face more harassment at work, as well as denials of benefits or opportunities due to pregnancy or child-related matters.
Some men can certainly experience gender discrimination at work as well, though this is rarer than discrimination or bias against women. Regardless of gender, our firm is ready to protect your rights against discrimination based on sex and gender at work.
In modern society, gender discrimination goes well beyond the man/woman divide. The law defines gender 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.”
A relatively new challenge to workplace equality in the 21st Century is that the concept of gender is more fluid. People no longer feel they must behave in the manner that society expects of their gender. Additionally, people can now determine their gender for themselves, regardless of the sex they were born with.
For this reason, protections under gender discrimination laws expanded to include:
With more and more openly LGBTQ people in the workforce, tolerance for diversity is more important than ever to preserve a workplace where worker dignity has proper protection. Regardless of gender, everyone has the right to work in a non-hostile, equal opportunity environment.
There is a complex web of laws that address gender discrimination in employment
in California and the U.S.
Here are some laws that protect employees based on gender.
Because both federal and state laws protect you from gender discrimination, you have the option of whether to file a claim on the federal or state level. This is something you should carefully discuss with your gender discrimination attorney.
Federally, your attorney will file your complaint with the Equal Employment Opportunity Commission (EEOC), while at the state level, your lawyer will file the complaint with California’s Department of Fair Employment and Housing (DFEH). There are different time limits and procedures, depending on which complaint you pursue.
Gender discrimination can be a complicated issue due to the many laws that might apply. It is also complicated because there are many different ways that gender discrimination can occur at work.
Perhaps the most well-recognized form of gender discrimination happens when an employer bases an employment decision on someone’s gender or related characteristics.
Some instances of gender discrimination involve wrongful termination, but this is not always the case. Some discriminatory employment decisions are much more subtle, and employees might not even realize they are the victims of discrimination.
If any employment decision that affects you feels wrong or you suspect gender discrimination played a role, never wait to seek an evaluation by a San Diego gender discrimination attorney at Haeggquist & Eck, LLP.
Despite having equal pay laws on the books for a long time in the United States, many employers continue to discriminate against women or LGBTQ employees when it comes to compensation. Often, employers assume that no one will discover such pay discrepancies, or they justify paying less for other reasons. However, unequal pay for gender-based reasons is still against the law and the rights of employees.
In 2015, California lawmakers expanded the law to solidify the rights of employees to discuss their pay. If you learn that you receive less compensation than someone of another gender for the same work, you might be the victim of gender discrimination, and our firm can assess whether you have a claim.
Some forms of discrimination do not have roots in a single employment decision regarding one employee over another, but instead, they involve company policies that place a greater burden on one gender than the other. For example, if a company requires all women to wear skirts, pantyhose, and heels but has no specific requirements for how men dress in the workplace, it can be a discriminatory policy. Not every gender-specific dress code is discriminatory, however, and courts uphold policies requiring men and women to wear different things to work.
When it comes to protections for gender identity and expression, the situation can get even more complicated. If an employee was born as a woman but now identifies as a man, an employer cannot require them to dress in accordance with their gender at birth.
Discrimination rooted in workplace policies can be a challenging case to dissect, but our attorney can review a policy that you believe is troublesome and advise you whether it constitutes discrimination or not.
One of the most common forms of gender discrimination is workplace harassment. Historically, women were most often the victims of gender-based harassment, and sexual harassment against women continues to be a major problem in California workplaces. However, gender harassment can also happen against LGBTQ employees or stem from gender nonconformity or other related factors.
Harassment is unlawful when it creates a hostile work environment for the employee in question.
If you experience harassing conduct due to your gender at work, report the matter to your employer immediately. The law requires your employer to take necessary action to stop the harassment moving forward. If your employer takes inadequate action and the hostile work environment continues, a lawyer can hold your employer liable for the harassment.
The law not only gives you the right to be free from gender discrimination, but it also gives you the right to complain about possible discriminatory conduct or participate in an investigation into possible discrimination. The law prohibits employers from retaliating against employees who lodge complaints within their rights under discrimination laws.
However, many employers do retaliate against employees who raise concerns over gender discrimination.
You should never fear retaliation for exercising your rights and standing up against gender discrimination. If you experience retaliation, our law firm can assist you in bringing the proper claims to recover for your losses and seek all available legal relief.
Gender discrimination should be a thing of the past, but many employees in the San Diego area continue to experience discriminatory actions due to gender-related factors. Our legal team knows this is unacceptable and will stand up for your rights as a victim of employment discrimination or harassment.If you need assistance or would like to discuss a possible case, never hesitate to reach out to the legal team of Haeggquist & Eck, LLP.
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.
The right to be free from discrimination based on gender 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.
If you have been discriminated against based on your gender, you have rights! You have the right to:
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!
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.