Gender Discrimination in the Workplace

Nov 22, 2024 / Workplace Discrimination

Attorney advertisement by Edwin Aiwazian of Lawyers for Justice, PC, headquartered at 410 Arden Avenue, Glendale, CA 91203

Gender discrimination is when someone is treated unequally or in a disadvantageous manner because of their gender. The treatment does not necessarily have to be sexual nature. This can include harassment or discrimination based on sex, sexual orientation, gender identity, or gender expression. It does not have to be sexual harassment.

Understanding Gender Discrimination Laws in California

California has some of the most progressive laws in the United States aimed at preventing gender or sex discrimination in the workplace. California’s laws provide protection for employees who experience unfair treatment based on their gender, gender identity, or gender expression.

Gender discrimination can manifest in various forms, including unequal pay (gender pay gap), gender stereotypes (not showing gender equality), biased hiring or promotion practices, and harassment based on gender.

Key Legal Protections Against Gender Discrimination

California Fair Employment and Housing Act (FEHA)

The primary law governing gender discrimination in California is the California Fair Employment and Housing Act (FEHA). FEHA makes it unlawful for employers to discriminate against employees or job applicants based on their gender, including gender identity and gender expression. This law applies to all employers in California with five or more employees. Under FEHA, it is illegal to engage in workplace discrimination practices such as:

Refusing to hire or promote an individual based on their gender, or a person’s sex.
Gender Inequality: Paying unequal wages to employees of different genders for similar work.
Terminating an employee due to their gender.
Failing to prevent work-gender discrimination or gender-based harassment in the workplace.

FEHA also provides protections against retaliation, ensuring that employees who file gender discrimination claims, or oppose gender discrimination, are safeguarded from any adverse actions taken by their employer.

Equal Pay Act

California’s Equal Pay Act ensures that men and women are paid equally for “substantially similar work.” The law mandates that pay disparities between employees of different genders must be justified by factors such as:

Seniority.
Merit.
Quantity or quality of work.

If there are no legitimate reasons for a pay difference, the employer can be held liable for violating the Equal Pay Act.

Pregnancy Discrimination

Gender discrimination in California also extends to pregnancy under the Pregnancy Disability Leave Law (PDL) and California Family Rights Act (CFRA). These laws protect pregnant workers from being discriminated against because of their pregnancy, childbirth, or related medical conditions. Employers must provide reasonable accommodations for pregnant workers, such as modifying work duties or allowing time off.

Forms of Gender Discrimination

Preventing gender discrimination is an important responsibility of employers. Gender discrimination can occur in various forms, such as:

Wage Disparity: Paying a woman less than a man for performing the same job, despite equal qualifications and responsibilities.
Hiring and Promotion: Preferring male candidates over female candidates for promotions or new roles.
Harassment: Creating a hostile work environment through sexist remarks, unwelcome sexual advances, sexual orientation harassment, gender-based violence, or any other behavior that undermines a person due to their gender.
Pregnancy Discrimination: Treating an employee unfavorably because of her pregnancy or related medical conditions.

Filing a Gender Discrimination Claim

Victims of gender discrimination in California can file a complaint with the California Department of Fair Employment and Housing (DFEH). The DFEH will investigate the complaint and may pursue legal action against the employer. Alternatively, employees can reach out to the female employment lawyers at Lawyers for Justice, PC to file a lawsuit in civil court for damages, including lost wages, emotional distress, and other punitive damages.

Examples of Gender Discrimination in the Workplace

Gender discrimination in the workplace can manifest in various ways, violating both state and federal laws. In California, the Fair Employment and Housing Act (FEHA) and the Equal Pay Act are central to protecting employees from discrimination based on their gender, gender identity, or gender expression. Here are some examples of gender discrimination and the potentialpenalties available to California workers.

1. Unequal Pay for Equal Work

Example: A woman working as a sales executive at a tech company is paid significantly less than her male counterpart who perform the same job with similar responsibilities and qualifications. Despite similar sales records and seniority, her salary is $20,000 less per year than that of her male peer.

Legal Recourse: Under California’s Equal Pay Act, an employer must pay men and women equally for substantially similar work. If the woman files a claim, the employer must justify the pay disparity based on legitimate factors such as merit, seniority, or performance. If the employer fails to do so, the employee may be eligible for the difference in wages, back pay, and other damages.

2. Gender-Based Harassment

Example: A female employee at a marketing firm is repeatedly subjected to sexist remarks by her manager, like, “women are not cut out for leadership roles” or “you should focus more on your family than on your career.” This can create a hostile work environment that affects her ability to perform her job.

Legal Recourse: Under FEHA, gender-based harassment is prohibited in the workplace. If the employee files a gender discrimination in the workplace claim, the employer could be liable for providing compensation. If the harassment leads to the employee’s resignation, the employee could also claim constructive discharge.

3. Denial of Promotion Based on Gender

Example: A qualified woman applies for a managerial promotion at a finance company. Despite having excellent qualifications and 10 years of experience, the promotion is given to a male colleague with less experience and fewer credentials. During a review, the woman’s supervisor implies that women are not “fit” for leadership positions.

Legal Recourse: Denial of promotions based on gender is a clear form of discrimination under FEHA. The employee may be entitled to damages that include lost wages (the salary she would have earned in the promoted position), and possibly emotional distress. The company could also face penalties and the worker could be reinstated to a comparable position.

4. Pregnancy Discrimination

Example: A pregnant employee at a boutique requests modified duties based on her medical condition, as advised by her doctor. Instead of accommodating her, the employer fires her, stating that the store “can’t afford to deal with pregnancy-related absences or accommodations.”

Legal Recourse: This is a violation of both FEHA and California’s Pregnancy Disability Leave (PDL) law. The employee could file a claim for wrongful termination and pregnancy discrimination. Compensation could include back pay, compensation for emotional distress, and damages. The employer may also be required to reinstate the worker or provide other job-related remedies.

5. Retaliation for Reporting Gender Discrimination

Example: A woman reports to HR that her supervisor is treating female employees unfairly by assigning them lower-level tasks and only making leadership opportunities available to male employees. After her report, she experiences retaliation: she’s demoted, excluded from meetings, and is eventually termination.

Legal Recourse: Retaliation against employees who report workplace sex discrimination is strictly prohibited. The employee can file a retaliation claim, which could result in significant financial penalties for the employer.

Potential Damages and Penalties for Gender Discrimination

Employees who win gender discrimination cases in California may be entitled to compensation, which can include:

Back Pay: Compensation for lost wages and benefits due to discriminatory actions, such as wrongful termination, demotion, or failure to promote.
Front Pay: Compensation for future lost earnings if the employee is unable to return to their previous position due to ongoing discrimination or the employer’s refusal to reinstate them.
Emotional Distress Pay: Compensation for the mental and emotional suffering caused by the discrimination, including stress, anxiety, and depression.
Reinstatement or Promotion: The employee may be reinstated to their previous position or promoted to the role they were denied due to gender discrimination.

And other compensation benefits.

Gender Discrimination – FAQ

is sexism illegal? Title VII of the Civil Rights Act prohibits an employer from treating you differently, or less favorably, because of your sex, which is defined to include pregnancy, sexual orientation, and gender identity.

how to report gender discrimination in the workplace? If you think your rights were violated at work, reach out to the employment discrimination attorneys at Lawyers for Justice, PC for a free consultation.