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Each person has the right to a safe working environment free from gender discrimination. Unfortunately, even with federal and state laws, gender discrimination still exists in California workplaces. Gender discrimination can occur in various ways and can impact both women and men in the workplace.
For over two decades, Mesriani Law Group has provided strong legal support for victims of gender discrimination. If you think you were discriminated against at work because of your gender or sex, our employment lawyers can review your case and help you file a claim. Our Los Angeles gender discrimination lawyers are knowledge, compassionate, and prepared to protect your legal rights against your employer or coworkers who have demonstrated discriminatory behavior against you.
Here are shortcuts to the specific topics:
- Los Angeles Gender Discrimination Lawyer
- How A Mesriani Gender Discrimination Lawyer Can Help
- Why Choose Mesriani Law Group?
- What is Gender Discrimination?
- What is the Difference Between Sex and Gender Discrimination?
- Examples of Gender Discrimination
- What Laws Protect Against Gender Discrimination in the Workplace?
- What Can I Do If I’m a Victim of Gender Discrimination in the Workplace?
- How to Prove Gender Discrimination in the Workplace?
- Statute of Limitations on Filing a Gender or Sex Discrimination Claim
- Compensation Available to Victims of Gender or Sex Discrimination
- Contact a Mesriani Gender Discrimination Lawyer Today
- Gender Discrimination FAQs
How A Mesriani Law Group Gender Discrimination Lawyer Can Help
Gender discrimination is not only unethical, but it is also against the law. Workplace victims can obtain the justice they deserve by reporting and speaking up against these unlawful actions. If you have experienced gender discrimination at work, you have several options to seek justice including the right to report the discriminatory behavior to your supervisor or human resources department. If you are part of a union, you can also file a grievance with your union. Additionally, California workers have the right to file an employment lawsuit against their employer.
To learn more about your legal options, contact a gender discrimination lawyer at Mesriani Law Group today. Our experienced gender discrimination lawyers have over two decades of experience representing workers and fighting for victims who have suffered discrimination at work. By working with our law firm, we can gather the necessary documents, file a claim, and protect you against your employer so you won’t have to be afraid of retaliatory actions for reporting the discriminatory behavior.
Why Choose Mesriani Law Group?
If you or someone you love has been a victim of gender or sex discrimination in the workplace, you want an experienced Los Angeles employment attorney who has a history of successfully handling these types of claims. Mesriani Law Group’s Los Angeles gender discrimination lawyers guarantee exceptional legal service to our clients and have the successful results to prove it.
Why you should choose Mesriani Law Group for your gender or sex discrimination claim:
No Win No Fee Policy
Mesriani Law Group offers a No Win No Fee guarantee to all our clients, meaning if we don’t win your case you don’t have to pay us anything.
Proven Track Record
Since its establishment in 1996, Mesriani Law Group continues to be among California’s most trusted law firms. We have recovered hundreds of millions of dollars for our clients who have been victims of sex and gender discrimination.
Experienced Gender Discrimination Attorneys
Rodney Mesriani and his team of dedicated lawyers have over two decades of experience and outstanding expertise in securing compensation in gender discrimination in the workplace claims.
Mesriani Law Group represents clients from different parts of Southern California and has received the highest ratings by our clients as seen in Yelp, Avvo, and Google.
Our diverse team of attorneys and paralegals also speak Farsi, Spanish, and Tagalog. Effective communication is a big part of the exceptional customer service we provide our clients.
We are available 24/7 for a phone consultation and if you are not able to visit our office, we are amenable to meet you at your convenience.
Contact our law firm at (866) 500-7070 for a free consultation and learn more about how we can help you with your employment claim.
What is Gender Discrimination?
Any workplace policy, activity, or behavior that prevents you from succeeding at work because someone treated you differently or unfairly because of your gender is considered gender discrimination. Repetitive, adverse acts that contribute to a hostile workplace that makes you feel unsafe or unwelcome because of your gender is also considered discriminatory. For example, comments such as “she must be on her period” or “you are an overpowering woman” can be interpreted as gender harassment.
Although women are more likely to be victims of gender discrimination, men can also be victims. Gender discrimination can be based on your gender assigned at birth or your chosen gender identity or expression. While gender identity and expression are still a controversial topic at the federal and state levels, California law makes it illegal to discriminate against a person based on their gender identity or expression. To put it another way, a woman who identifies as a man or a man who identifies as a woman can also be victims of gender discrimination.
When our employment attorneys evaluate a gender discrimination or sex discrimination claim, we consider the following questions:
- Did the employer repeatedly make or tolerate derogatory comments about a woman or man?
- Did the employer make gender specific remarks about you?
- Was there evidence of gender stereotyping?
If the answer is yes, you may be a victim of gender or sex discrimination. Under federal and state laws, gender or sex discrimination victims may be entitled to monetary damages, punitive damages, and equitable remedies. For example, Title VII of the Civil Rights Act of 1964 provides remedies for victims of discrimination if the employer has 15 or more employees. In addition to Title VII, there are several other anti-sex discrimination laws that generally protect workers of smaller employers.
What is the Difference Between Sex and Gender Discrimination?
Sex and gender discrimination may sound similar, but they have two different meanings. A person’s sex refers to the biological and physiological characteristics of a male or female. Gender, on the other hand, refers to the sex a person most closely identifies with.
In other words, sex is assigned at birth while gender is based on a person’s identity. For example, a person may be discriminated against at the workplace because of her sex as a female. Additionally, a person may also be discriminated against because of his sex as a male but identifies as a female (gender).
Federal and California state employment laws protects workers from both sex and gender discrimination. Employers also cannot discriminate based on a person’s perceived sex or gender and cannot discriminate based on a person’s association to or perceived association to a protected class. Sex discrimination can relate to various aspects of sex identity including pregnancy, breastfeeding, childbirth, or related medical conditions. Gender discrimination can relate to aspects of gender identity including gender expression and a third party’s perception of these traits.
Examples of Gender Discrimination
Everyone has a right to feel safe at work and it’s important to know if you’re being discriminated against because of your gender or sex. Gender discrimination at the workplace refers to treating a job applicant or an employee differently and often less favorably because of their gender or sex. For this type of discrimination to be considered illegal, it must involve treatment that impacts the terms or conditions of your job such as your salary, work hours, or job responsibilities.
Unfortunately, there are many ways a person can get discriminated against at work based on their gender or sex. Some of the most common examples of workplace gender discrimination include:
- Any form of physical or non-physical sexual harassment
- Offensive remarks, gestures, comments, or sexual jokes related to your gender
- Getting directly insulted or called derogatory slurs, names, or comments because of your gender
- Discriminatory social media posts
- Any sex or gender-based hostility
- Employers allowing or remaining complicit while a hostile work environment grows towards a specific gender
- Forcing individuals of a specific gender to quit their jobs
- Demoting or firing individuals of a specific gender for no valid reason
- Forcing individuals of different genders handle different types of tasks
- Ignoring suggestions or ideas from a specific gender but in favor of another
- Excluding a specific gender from meetings or gatherings
- Promoting individuals based on gender
- Refusing to allow individuals of a certain gender to use a restroom based on their gender identification
- Pay discrepancies between people of different genders who share similar job responsibilities & qualifications
- Denying a raise, promotion, or job opportunity which was given to another person of a different gender who is equally or less qualified than you
- Withholding job opportunities from individuals who identify themselves as homosexual or transsexual
- Being given a different job or lower-paying job because of your gender
- Being held to a higher or different work standards because of your gender
- Getting harassed because you do not present yourself in a gender normative way
- Getting intentionally called a name that you do not identify with
- Receiving unwelcomed requests for sexual favors or advances
- Being rejected for job, given less assignments, or forced to go on leave because of a pregnancy
- Denied paid sick leave, vacation, health, or other benefits because of your gender
- Getting disciplined for something other employees of a different gender do all the time but does not get disciplined for
- Being intentionally called the wrong pronouns by coworkers or supervisors even after you told them your preferred gender pronouns
While some people may think that only women face sex and gender discrimination in the workplace, this is simply not true. Men and individuals of all genders who are part of the LGBTQ (lesbian, gay, bisexual, transgender, and queer) community are also often subjected to gender discrimination as well.
What Laws Protect Against Gender Discrimination in the Workplace?
Sadly, many incidents of gender and sex discrimination at work do not get reported due to fear of retaliation or other possible unlawful consequences. However, federal and state laws protect California workers– giving them the right to work in a safe environment free from discrimination.
The primary laws that protect workers against gender discrimination in the workplace you should know about are Title VII of the Civil Rights Act of 1964, the California’s Fair Employment and Housing Act (FEHA), the California Equal Pay Act, and the Pregnancy Discrimination Act.
Title VII of the Civil Rights Act of 1964
Title VII is a federal law that protects workers and job applicants from sex-based discrimination. Under this law, it is unlawful for employers to discriminate against an individual based on their sex (including sexual orientation, gender, or pregnancy), race, color, national origin, or religion. It also prohibits discrimination on any gender-related characteristics such as childbirth or breastfeeding.
Title VII applies to public and private employers, the federal government, employment agencies, and labor organizations with 15 or more employees. Protection under Title VII covers all aspects of employment decisions including selections, recruitment, terminations, and any other decisions regarding terms and conditions of employment.
California’s Fair Employment and Housing Act (FEHA)
The FEHA prohibits discrimination based on a protected category such as sex, gender, gender identity, gender expression, gender-related characteristics, sexual orientation, or transgender status. This law extends to protect employees, job applicants, volunteers, unpaid interns, or contractors.
Under FEHA, discrimination is prohibited in all workplaces– including employers with fewer than five employees. Protection under this law applies to private and public businesses, employment agencies, and labor organizations. According to the FEHA, California employers can’t do the following based on gender:
- Refuse to hire a job applicant.
- Terminate an employee’s job.
- Refuse to choose a potential employee for a training program that would lead to employment.
- Discriminate against an individual by reducing their compensation, benefits, privileges, or conditions of employment.
The California Equal Pay Act and Fair Pay Act
The California Equal Pay Act prohibits an employer from paying an employee less than an employee of the opposite sex for equal work. The California Fair Pay Act was signed into law in 2015. Since then, it has strengthened the Equal Pay Act in several ways. The amended Equal Pay Act prohibits employers from paying employees wage rates that are less than what they pay employees of the opposite sex, another race, or another ethnicity for substantially similar work (which refers to work that is similar in responsibility, skill, effort, and performed under comparable working conditions).
Even if another worker earns more than you but has a different job title, you may file a claim. The Equal Pay Act compares jobs that are substantially similar which means that the job titles that are being compared don’t necessarily have to be the same. In this case, the important thing to note is whether the work itself is substantially similar.
The Pregnancy Discrimination Act (PDA)
The Pregnancy Discrimination Act (PDA) makes discrimination unlawful based on pregnancy regarding any aspect of employment which includes hiring, firing, job assignments, pay, promotions, training, layoffs, fringe benefits such as health insurance or leave, and any other terms or conditions of employment. A common example of a PDA violation is refusing to hire a job applicant because she is currently pregnant or may one day become pregnant.
What Can I Do If I’m a Victim of Gender Discrimination in the Workplace?
California workers have the right to work in an environment where they can openly express their sex or gender. If you that you cannot exercise this right, you should contact a Los Angeles gender discrimination lawyer as soon as possible.
As a victim of gender discrimination at work, you have several options including:
- Speaking to management – Express your concern in writing to someone at work who has power regarding company policies and practices. This person may be your supervisor, manager, or someone in your human resources department. Although it happens, it is illegal for your employer to retaliate against you for questioning or bringing up discriminatory behavior, policies, or practices.
- Filing a charge with a governmental agency – You have the option to file a charge against your employer through a state or federal agency. The California Department of Fair Employment Housing (DFEH) handles all California state related charges, and the United States Equal Opportunity Commission (EEOC) investigates all federal charges. If you decide to file a charge through the EEOC, you must do so with 300 days of the discriminatory action. If you’re filing a charge through DFEH, the time limit is 365 days.
- Filing a lawsuit against your employer – If you experienced gender discrimination at work, you have the option to file a lawsuit against your employer. But before doing so, you will have to file a claim with either the DFEH or the EEOC and obtain a right-to-sue notice.
To learn more about your legal rights and options, contact the Los Angeles gender discrimination lawyers at Mesriani Law Group today.
How to Prove Gender Discrimination in the Workplace?
When an employer makes inappropriate inquires such as making pre-employment inquiries about a job candidate’s gender, if they are married, or plan to get pregnant, it may suggest that the employer may be considering irrelevant information as part of the hiring decision process. Irrelevant questions about a job applicant’s or an employee’s gender may suggest gender discriminatory motives.
In California, gender discrimination cases can be difficult to prove because you not only have to prove that the discrimination happened, but you also must prove that it happened because of your gender. However, our gender discrimination attorneys have significant experience handling discrimination cases and obtaining justice for our clients.
To prepare for your case, we’ll generally ask to you to provide some documents including:
- Your employee handbook – We will review your company’s policies on discrimination and harassment to determine if they have been adhered to.
- Your personnel file – We will review your personnel file and evaluate for any disciplinary actions or warnings against you in the past.
- Your performance reviews – We will look for any disciplinary or retaliatory actions from your employer that resulted from you speaking up about the discrimination at work.
- Pay stubs – We will review your pay stubs for any lost time or pay as a result of the discriminatory actions.
- A list of witnesses – We will review information about witnesses who observed or may have observed any discriminatory acts against you.
- Evidence of discrimination – We will review emails, documents, pictures, text messages, social media posts, and any other evidence of gender discrimination.
- Mental health records – If you seek medical help because of gender discrimination at work, keep these records as we may request to review them as part of your case.
- A journal of your experiences – Keep a written journal of any instances of discriminatory acts against you including dates and names of potential witnesses. We may request to review this journal to help build a gender discrimination case against your employer.
After we receive these items, we can evaluate your case and prepare for court, if necessary.
Statute of Limitations on Filing a Gender or Sex Discrimination Claim
A statute of limitations is the deadline or time limit for filing a lawsuit. It is important to know that there is strict statute of limitations (or deadlines) to file a claim in California.
Victims of gender or sex discrimination will need to file a complaint with the Equal Employment Opportunity Commission (EEOC) within 300 days from the date of the last alleged discriminatory act in the workplace. After filing a claim with the EEOC, a claimant can request a “right-to-sue” letter. If the claimant receives this letter, they have 90 days to file a lawsuit against their employer.
Most claims must be filed within a specified period. Generally, once the time specified in a statute of limitations runs out, the claim is no longer valid. There are many steps to filing a legal claim and the process can be very confusing. If you believe you have suffered from gender or sex discrimination at work, contact a Los Angeles sex discrimination lawyer for help. An experienced employment lawyer can review your case, make sure you file your claim within the statute of limitations, and help you obtain the justice and compensation you deserve.
Compensation Available to Victims of Gender or Sex Discrimination
California state law provides for a range of remedies for victims of gender or sex discrimination. Although no two employment cases are exactly alike, types of compensation available to victims of gender or sex discrimination include:
- Back pay (past lost earnings)
- Front pay (future lost earnings)
- Interest on unpaid wages
- Hiring or reinstatement of your position
- Out-of-pocket expenses
- Policy changes
- Reasonable accommodation
- Attorney’s fees and costs
- Court costs and legal fees
- Damages for emotional distress
- Pain and suffering damages
- Punitive damages
Gender discrimination victims should not have to suffer in silence. While no amount of compensation can take away the fact that discrimination happened, it can help victims take a step towards gaining closure and moving forward. An experienced sex discrimination attorney can fight back against your employer and help obtain compensation for your losses.
Contact a Mesriani Gender Discrimination Lawyer Today
Victims of gender discrimination should not have to suffer in silence. Our experienced gender discrimination lawyers have helped victims throughout California and can help you obtain the justice you deserve.
If you believe you were discriminated against at work because of your sex or gender, an experienced gender discrimination lawyer can help protect your rights. Learn more about your legal options and what you need to do prove discrimination by scheduling a free, initial consultation with our law firm today by calling (866) 500-7070.
Gender Discrimination FAQs
What is an example of gender harassment?
Gender harassment includes any comments, remarks, insults, slurs, or displays of offensive materials that are targeted towards a specific gender. This can also include physical contact or assault which create a hostile work environment in addition to being unlawful.
What is the name for gender discrimination?
Gender discrimination is more commonly known as sexism which is a prejudice based on an individual’s sex or gender. Sexism in the workplace can target both men and women but historically have had a more negative impact on women.