If you believe you have been treated unfairly in the workplace due to sex or gender issues, it is understandable if you are frustrated and angry. You may have missed opportunities simply because of who you are, not based on what you can do. That’s unfair, and it’s illegal.
California has laws that prohibit sex discrimination in the workplace, and if your civil rights have been violated, you can take action. Our sex discrimination lawyers in Bakersfield will review your case and help you hold your employer accountable for their actions.
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What Is Considered Sex Discrimination in California?
Sex discrimination happens when someone is treated unfairly in the workplace based on things like:
- Sex
- Gender
- Gender identify
- Gender expression
- Sexual orientation
- Pregnancy
- Childbirth
This kind of discrimination occurs in many aspects of employment, including the hiring process, promotions, job assignments, and compensation. Some actions are overt, such as refusing to hire people based on their sex, while some are subtle, like unequal pay for the same work.
Which Laws Address Sex Discrimination?
Contact our sex discrimination attorneys in Bakersfield if you have experienced sex discrimination in the workplace. There are several state and national laws on the books that may help, including:
- California Fair Employment and Housing Act: This prohibits workplace discrimination based on a protected characteristic, and it applies to employers with five or more employees. It allows a broader level of protection beyond federal law.
- Title VII of the Civil Rights Act of 1964: Title VII is a federal law that bans discrimination based on sex, race, religion, and national origin. It applies to employers with 15 or more workers and is enforced by the Equal Employment Opportunity Commission.
- Pregnancy Disability Leave Law: Workers who are disabled by pregnancy or related conditions can take up to four months of leave. Employers must maintain health benefits during this leave and must bring employees back to the same job or a similar one when they return.
- Family and Medical Leave Act: FMLA lets qualified employees take up to 12 weeks of unpaid leave annually for serious health conditions, childbirth, adoption, or family care. This mostly applies to larger employers.
What Are the Types of Workplace Sex Discrimination?
Sometimes it can be hard to understand that discrimination is occurring, especially if you work in a toxic environment. It can be even tougher to prove discrimination in the workplace. Examples of workplace sex discrimination include:
- Favoring one gender over another in recruiting, hiring, or advancement decisions
- Paying employees differently for similar work based on sex
- Harassment, such as unwanted sexual advances, that management refuses to address.
- Treating an employee unfairly due to pregnancy, childbirth, or related conditions.
- Denying opportunities to employees who do not conform to gender norms.
- Receiving retaliation for reporting or opposing sex discrimination.
What Should You Do if You Are a Victim of Sex Discrimination?
Taking the right actions can protect your civil rights and call attention to unfair practices in the workplace. Consider the following options:
Contact an Attorney
Reach out to our Bakersfield sex discrimination lawyers for guidance. We can help you understand the legal steps to take and guide you along the way, while preventing you from making common errors that could hurt your case.
File an Internal Complaint
You may be beyond this point already, but a good first step is to file an internal complaint. Report your issues to your HR department, to your supervisor, or through your employer’s complaint procedure.
File a Complaint With the Government
You have the right to file a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC). These organizations will review your case and take appropriate actions where necessary.
Request a Right-to-Sue Notice:
In California, a Right-to-Sue Notice allows you to file a civil lawsuit after filing with the Civil Rights Department, bypassing additional administrative investigation or delay.
Pursue Legal Action
Through a civil lawsuit, our attorneys can help you recover restitution. While every case is unique, this may include back pay, reinstatement to a former position, compensatory damages, punitive damages, and attorneys’ fees.
Consult with Our Sex Discrimination Attorneys in Bakersfield
Every American worker deserves to be judged based on their merits and the abilities they bring to their job. If you are missing opportunities based on who you are instead of what you can do, you may be a victim of sex discrimination in the workplace.
It’s not normal or legal, and you don’t have to accept it. Our sex discrimination attorneys in Bakersfield will help you stand up for your rights, hold your employer accountable, and get the restitution you deserve.
Contact our legal team at Omega Law Group for a free consultation, and we can discuss your next move.