Were you treated unfairly at work because of your gender identity or expression? This is known as gender discrimination, and it’s a type of behavior that violates California’s workplace protections.
Dealing with the aftermath can be taxing, but you have rights, and a Los Angeles gender discrimination lawyer can advocate for them. Omega Law Group Accident & Injury Attorneys has decades of combined experience helping families across California.
We’ve secured millions of dollars in compensation along the way. Our focus remains the same: putting our clients first. Always! When you need legal support and guidance, you can trust us to advocate for you as your Los Angeles employment lawyers. Let our family take care of yours.
Defining Gender Discrimination in California
Gender discrimination occurs when an employer treats an employee or job applicant unfavorably due to their gender, perceived gender, or associated characteristics. This includes discrimination based on:
- Biological sex
- Gender identity, such as transgender individuals
- Gender expression, meaning how someone outwardly presents their gender
- Sexual orientation, such as lesbian, gay, or bisexual individuals
- Pregnancy or related medical conditions
- Stereotypical expectations related to gender roles
Discrimination can occur at any stage of employment, including recruitment, hiring, assignments, training, promotion, pay, discipline, termination, and workplace policies.
Relevant California Laws
Several state and federal laws protect workers in Los Angeles from gender discrimination. California laws often offer broader and more specific protections than federal statutes.
Fair Employment and Housing Act (FEHA)
The California Fair Employment and Housing Act (FEHA) is the cornerstone of anti-discrimination law in the state.
It prohibits employers with five or more employees from discriminating based on sex, gender, gender identity, gender expression, sexual orientation, and marital status.
FEHA covers a broad range of employment activities, including:
- Job advertisements
- Hiring and interviews
- Working conditions
- Promotions and demotions
- Layoffs and terminations
- Benefits and leave
FEHA also prohibits retaliation against employees who report discrimination or participate in an investigation.
Equal Pay Act of California
The California Equal Pay Act prohibits employers from paying employees less than their coworkers of the opposite sex for “substantially similar work.”
This standard considers the skill, effort, and responsibility required by the position, as well as the working conditions. Unlike federal law, California does not require that the work be performed at the same location.
Pay differences may only be justified by:
- A seniority system
- A merit system
- A system that measures earnings by quantity or quality of production
- A bona fide factor other than sex, such as education or experience
These justifications must be job-related and consistent with business necessity.
Title VII of the Civil Rights Act of 1964
At the federal level, Title VII prohibits employers with 15 or more employees from discriminating based on sex. The U.S. Supreme Court has interpreted “sex” to include sexual orientation and gender identity.
However, California’s laws already offer these protections. Employees may choose to file claims under California law, federal law, or both, depending on the circumstances of the case.
(310) 526-8383Examples of Gender Discrimination in the Workplace
Gender discrimination isn’t always obvious or openly acknowledged. It can be systemic, cultural, or built into the structures of an organization. Let’s take a look at examples of common manifestations.
Discriminatory Hiring or Promotion Practices
Employers may unlawfully factor gender into their hiring decisions.
This could involve not hiring women for leadership roles, denying promotions based on assumptions about family responsibilities, or giving preferential treatment to men for high-paying or client-facing jobs.
Discrimination can also occur in subtle ways—for example, using language in job ads that discourages non-male applicants or basing hiring on cultural “fit” in ways that exclude certain genders.
Unequal Pay
A very persistent form of gender discrimination is unequal pay. Despite legal protections, wage gaps remain between men and women, particularly for women of color.
In many cases, women are paid less than men for performing the same or substantially similar work.
California law enables employees to challenge wage disparities without having to prove that their job is identical to that of a male colleague—only that it is “substantially similar” in terms of responsibility and qualifications.
Stereotyping and Gender Roles
Workplace discrimination often stems from outdated gender norms. Employers may assume, for example, that women are less ambitious, not as willing to travel, or more likely to take time off to spend time with their families.
Men may face discrimination if they take paternity leave or express interest in caregiving responsibilities.
Employees who don’t conform to traditional gender expectations—including non-binary individuals or transgender employees—may be targeted or overlooked for opportunities.
Harassment Based on Gender or Sexual Orientation
Harassment that targets someone because of their gender expression, gender identity, or sexual orientation is considered a form of discrimination under both FEHA and Title VII.
Here’s what this may include:
- Unwanted comments or jokes
- Inappropriate questions about a person’s gender or body
- Hostile or offensive work environments
- Physical intimidation
- Repeated misgendering or failure to use a person’s correct name or pronouns
California law requires employers to take reasonable steps to prevent and correct harassment. All employers with five or more employees must provide harassment prevention training every two years.
Filing a Claim With the California Civil Rights Department (CRD)
Formerly known as the Department of Fair Employment and Housing (DFEH), the CRD is responsible for investigating violations of FEHA.
Employees can file a complaint either online or by mail. CRD may conduct an investigation, attempt to mediate the problem, or issue a right-to-sue letter. California laws generally require employees to file a complaint within three years of the discriminatory act.
(310) 526-8383Remedies for Gender Discrimination
If a claim is successful, the employee may be entitled to the following remedies:
- Back pay for wages lost due to discrimination
- Compensatory damages for emotional distress
- Reinstatement or job offers
- Policy changes within the workplace
- Punitive damages in cases of egregious misconduct
Employers might also be required to undergo additional training or adopt anti-discrimination policies. Your gender discrimination attorneys in Los Angeles can help you better understand the potential remedies available in your case.
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(310) 526-8383 Contact Our Gender Discrimination Law Firm in Los Angeles for Help Today
If you or someone you love has faced gender discrimination in the workplace, you shouldn’t have to manage the aftermath all by yourself. This type of experience can be deeply damaging, but you don’t have to go through it alone.
Instead, let a gender discrimination attorney in Los Angeles help you. When you reach out to Omega Law Group, you’ll have the opportunity to meet with a gender discrimination lawyer in Los Angeles who understands the ins and outs of cases just like yours.
We are prepared to support you in your pursuit of compensation, and we want to help you get justice in your case. Don’t wait for help any longer—we’re here for you. The sooner you call us, the sooner we can start taking legal action and holding the responsible parties accountable.
