Los Angeles Gender Discrimination Lawyers
Los Angeles Gender Discrimination Claim
A worker cannot be denied an employment opportunity because of their sex and gender. Individuals are afforded equal rights to fair treatment, compensation, and opportunities regardless of their sex or gender under state and federal laws. Nevertheless, discrimination on the basis of gender still exists in the workplace. As a result, women often earn less and have fewer opportunities than their male counterparts. Although there are fewer occurrences, men can also suffer from gender discrimination. The principal aspect of gender discrimination is unequal treatment on the basis of gender. This treatment must not merely be different; it must also be unequal, and thus, unjust.
Examples of Illegal Gender Discrimination
Examples of gender discrimination include the provision of different working conditions and compensation for women and men. Other instances include employers’ hiring practices, failure to promote, and job standards that discriminate, on the basis of gender. For instance, gender discrimination is likely occurring when women do not receive raises as large or as often as men in the same department. Other examples might include a woman receiving unfavorable treatment based on pregnancy or chance of pregnancy, or a man facing unfavorable treatment for not exhibiting a stereotypical masculine personality trait. California law also prohibits employment discrimination aimed at people who identify as transgender or gender non-conforming, as well as individuals who are in a same-sex partnership.
Sexual Harassment Is Against the Law
One type of gender discrimination is sexual harassment. Sexual harassment occurs when a supervisor or coworker makes or attempts unwanted sexual contact or remarks which cause an unreasonable interference with an employee’s job performance or gives rise to a threatening, hostile or offensive work environment. An example of sexual harassment is an employee who does not receive a favorable shift or promotion because he or she refuses sexual advances. Sexual comments, undesired contact, or the display of sexual pictures would also be considered harassment, which creates a hostile work environment. Read more about your right to be free from a hostile work environment.
Your Legal Right to be Protected from Gender Discrimination
Many federal and state laws have been enacted that forbid discrimination and harassment based on gender. Under federal law, it is unlawful for an employer to fail to hire, terminate, or compensate, a person on the basis of gender. It is also illegal for employers to restrict, separate, or categorize employees or job applicants in any manner that would deprive them of opportunities for employment because of a person’s gender. In addition, federal law forbids retaliatory behavior against an employee for complaining about or disagreeing with discriminatory employment practices.
State law similarly prohibits harassment and discrimination against employee based on sex, gender, gender identity, gender expression, sexual orientation, pregnancy and other factors. It also prohibits employees from engaging in retaliatory conduct toward employees who oppose unlawful discrimination.
Your Right to Equal Pay Regardless of Gender
Another way that employers have discriminate on the basis of gender is through unequal compensation. This is also illegal. Under the California Fair Pay Act, which became effective on January 1, 2016, it is illegal for employers to provide unequal compensation to employees who perform “substantially similar” work. In determining whether compensation is equal for “substantially similar work,” the new law allows for either a comparison of workers in the same company, or a comparison of compensation for employees who work at a different company.
In addition, it is illegal for employers to retaliate against employees who attempt to enforce the law. Employees are legally protected to converse about or ask about their coworkers’ compensation. If you believe you are not being provided the compensation you deserve because of your gender, in comparison to male workers in your field, contact Strong Advocates. We will promptly help you to analyze your circumstances and learn about your right to fair pay. Read more about your right to Fair Pay here [link to blog article].
What to do if You Have Experienced Gender Discrimination
If you have been a victim of workplace gender discrimination or sexual harassment, or been subject to unfair pay based on your gender, it is critical that you take action promptly. You may be required to file an administrative complaint with an administrative agency, such as the Equal Employment Opportunity Commision or the Department of Fair Employment and Housing within 300 or 365 days, respectively, from the date on which you were discriminated against. You should also begin collecting any documents or other evidence that might help support your discrimination claim. An experienced Strong Advocates attorney can assist you in filing the necessary paperwork and advocating for your rights.
Contact Us for a Comprehensive Case Evaluation
You do not have to endure unfair or unwelcome behavior in the workplace. Consult with Strong Advocates today to discuss whether you have a viable gender discrimination or sexual harassment claim. You can call our office or submit an online contact form, and one of our dedicated staff members will contact you promptly.