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Sex/Gender Discrimination Attorney in Glendale, CA

In spite of decades of progress, sex-based discrimination continues to crop up as a constant issue in the average American workplace. Not only is this morally unacceptable – it is illegal. There can be a lot of gray area when it comes to identifying sex and gender discrimination in the workplace. When it’s not blatantly obvious, it can manifest itself in nuanced and gradual ways – or worse yet – it can be habitually downplayed. Anyone who’s ever heard things like oh, don’t be so sensitive or you need to man up knows that such statements can be the tip of a very treacherous iceberg. If you believe you’ve been a victim, let one of our highly experienced gender discrimination attorneys in Glendale explore the details of your case and defend your legal rights.

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Types of Employment Law Cases

Here are just a few of the more common types of California employment law cases we see each month:

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What Is Sex/Gender Discrimination?

Sex/gender discrimination involves treating an employee or job applicant differently or unfavorably based purely on that person’s sex or gender. This can include anything from hiring, firing, promoting, determining salary, assigning job responsibilities, establishing benefits, or any other term or condition relating to a job. It also includes sexual harassment and creating a hostile work environment for people of a specific sex or gender.Although often used interchangeably, the terms sex and gender don’t quite have the same meaning. A person’s “sex” refers to whether they are biologically male or female, while a person’s “gender” refers to which sex they most closely identify with. Therefore, discrimination due to either biological sex, gender expression, gender identity, and/or sexual orientation is illegal in California. 

Frequently Asked Questions

We’re sure you have questions -- in fact, you may never have thought that you’d need the help of an attorney before your accident or incident occurred. Agemian Law Group is here to help you make sense of what’s next.

Which laws protect employees from sex and gender discrimination in California?

Under California law, the Fair Employment and Housing Act (FEHA) makes it illegal for an employer with 5 or more employees to discriminate based on sex or gender. The law also has a long history of protecting workers who have been discriminated against because of their gender identity, gender expression, or sexual orientation. 

Moreover, under FEHA, discrimination based on “sex” is not just defined as employers treating men and women differently but also includes unequal treatment based on pregnancy, childbirth, breastfeeding, and any related medical conditions.

Other state and federal laws include the California Equal Pay Act, the Pregnancy Discrimination Act, and the Family and Medical Leave Act. 

What are common examples of sex/gender discrimination in the workplace?

Typical examples of unlawful employment practices because of sex/gender can include:

  • Excluding workers of a certain sex, gender expression, gender identity, or sexual orientation from important meetings and/or events
  • Suggesting or establishing policies that require female employees to wear revealing or sexually provocative dress for male clients/customers
  • Firing an employee who reveals their sexual orientation or expresses a change in their gender identity or gender expression
  • Wage gaps; sex-based discrimination in rates of pay to employees for the same job
  • Making men and women perform different job responsibilities or duties
  • Refusing to hire a qualified female applicant simply because she is pregnant
  • Retaliating against an employee for reporting sex/gender discrimination
  • Sharing memes, jokes, or e-mails that are offensive to people of a specific sex or gender
  • Quid pro quo sexual harassment
  • Allowing sexual harassment in the workplace or not taking sexual harassment reports seriously
  • Denying a woman a promotion for being “too aggressive” while promoting a male employee who behaves in the same manner and praising his “leadership skills”

What damages can I recover in a sex/gender discrimination lawsuit?

There are four types of damages that you can recover if you’ve been a victim of sex/gender discrimination:

  1. Compensatory damages including lost wages, bonuses, and benefits, which you are entitled to only if you were fired or if your resignation qualifies as constructive termination.
  2. Damages for emotional pain and suffering you may have endured as a result of the unlawful conduct.
  3. Punitive damages stemming from situations in which the employer acted with malice, oppression, or fraud.
  4. Legal fees which the employer may be required to pay for if you win the trial.

Everything You Need To Know

Key Facts About Sex/Gender Discrimination Lawsuits

Sex/Gender Discrimination Statistics

  • Recent studies show that 42% of women in the United States have faced some form of discrimination based on their gender while at work.
  • A 2018 study showed that 38% of women and 13% of men across the country claimed they have been sexually harassed in the workplace. Moreover, a lot of workplace harassment goes unreported. In 2017 roughly 72% of sexual harassment charges filed with the EEOC involved instances of retaliation, meaning the employer took adverse action against an employee for reporting or complaining about discrimination or harassment.
  • The wage gap is still a huge problem today. In recent years, one-in-four women have reported earning less than a man for doing the same job, and 15% of female employees say that they have received less support from senior management for doing similar jobs as men.

The Effects of Sex/Gender Discrimination 

People spend a significant portion of their day at work. When someone is the victim of discrimination in the workplace, it can be grating on a number of levels. Some of the emotional and psychological tolls of sex/gender discrimination in the workplace can include:

  • Low self-esteem and decreased enthusiasm for job, leading to less productivity
  • Dramatic increase in tension between victim and perpetrator, leading to extreme stress and anxiety on a daily basis
  • Humiliation for being excluded, mocked, or targeted by others
  • Isolation from the rest of the team
  • Fear, anger, or frustration

Sex-based discrimination is many things – offensive, outdated, debilitating, and unethical – but most importantly, it’s illegal. If you think you have been the victim of this discriminatory conduct, you can hold an employer or prospective employer responsible.

How Can a Gender Discrimination Attorney Help?

There are lots of moving parts when filing a gender discrimination lawsuit against an employer in California, and it is advisable to speak to a lawyer as soon as possible after the incident occurred.

First, you must obtain a “right to sue” notice from the California Department of Fair Employment and Housing (DEFH) within one year of the alleged act. If you work with a lawyer, he or she will obtain this letter for you, after which you will have one year to begin your case in court or arbitration.

If you work or worked for a public entity, the statute of limitations may be different, and can sometimes be as short as six months. All cases are different, so it’s recommendable to consult with a lawyer to weigh out your options in a timely fashion.

At Agemian Law Group, our experienced gender discrimination attorneys understand the full breadth of California labor laws when it comes to this type of unlawful treatment. Once we explore the details of your case, we’ll be able to tell you in a heartbeat what the best course of action is. If you’re going to do this, let us be your fierce advocate; we will tirelessly fight on your behalf to protect your rights and win the financial justice you deserve.

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