Yes, you can sue for gender discrimination if your employer treated you worse because of your sex, gender identity, or gender expression, and you meet the filing steps and deadlines that apply to your claim. The law covers more than firing, so unequal pay, a denied promotion, or a hostile workplace may also support a case.
A West Hollywood gender discrimination lawyer at Omega Law Group Accident & Injury Attorneys can look at what happened to you and match it to the laws and deadlines that fit.
What Counts as Gender Discrimination at Work?
Gender discrimination at work is any employment decision based on your sex or gender, including hiring, pay, promotion, job assignments, training, and firing, according to the California Civil Rights Department (CRD). Under California law, sex and gender include pregnancy, childbirth, breastfeeding, and related medical conditions.
The Fair Employment and Housing Act (Gov. Code § 12940) also lists gender identity, gender expression, and sexual orientation as protected categories. That means a transgender employee passed over for promotion, or a man paid less than female coworkers for the same job, may both have a claim.
Omega Law Group can help you sort out whether a pattern of comments, schedules, or pay decisions adds up to discrimination or reflects a lawful business reason.
Which Laws Let You Sue for Gender Discrimination in California?
The laws that let you sue for gender discrimination in California include one state anti-discrimination law, one state pay law, and one federal law. The main options are:
- The Fair Employment and Housing Act (FEHA), California’s broadest workplace discrimination law, which covers employers with five or more employees.
- Title VII of the Civil Rights Act of 1964, which the U.S. Supreme Court held in Bostock v. Clayton County (2020) also protects gay and transgender employees.
- The California Equal Pay Act, which bars paying employees less than employees of another sex for substantially similar work.
These laws overlap, so one set of facts can support more than one claim. Our lawyers at Omega Law Group can explain which law gives you the stronger path to sue for gender discrimination, since each one has its own deadlines, filing steps, and remedies.
Which Employers Can Be Sued for Gender Discrimination?
Employers that can be sued for gender discrimination under FEHA include private and public employers with five or more employees, according to the CRD, while Title VII applies to employers with 15 or more employees under 42 U.S.C. § 2000e. Harassment rules under FEHA apply to every California workplace, regardless of size.
A few employers fall outside these rules. FEHA’s definition of “employer” excludes nonprofit religious associations and corporations, and federal agencies follow a separate federal complaint process. Cities, counties, and school districts are covered, and FEHA claims against them go through the CRD.
Omega Law Group can confirm whether your employer meets the size and coverage rules before you spend time preparing a claim under the wrong law.
Do You Have to File a Complaint Before You Sue?
Yes, you have to file a complaint with the CRD and get a right-to-sue notice before you can sue under FEHA, though you can request that notice immediately and skip the agency investigation. Deadlines depend on the claim:
- FEHA: three years from the last discriminatory act to file with the CRD under Gov. Code § 12960, online or at 800-884-1684, then one year from the right-to-sue notice to file in court.
- Title VII: 300 days to file a charge with the EEOC in states with their own anti-discrimination agency, according to the U.S. Equal Employment Opportunity Commission.
- Federal employees: 45 days to contact their agency’s EEO counselor, per the same EEOC guidance.
- California Equal Pay Act: generally three years, with no agency complaint required before filing in court, according to the California Labor Commissioner’s Office.
Immediate right-to-sue requests are the common route. In 2024, the CRD received 16,924 employment right-to-sue complaints and 4,077 employment complaints filed for investigation, according to its 2024 Annual Report. Omega Law Group can file the right-to-sue request for you and track the one-year deadline that follows.
How Common Are Gender Discrimination Complaints in California?
Gender discrimination complaints are common in California: in 2024, employment complaints filed with the CRD cited sex or gender as a basis 10,388 times, out of 21,001 employment complaints, according to the CRD’s 2024 Annual Report. A single complaint can list more than one basis.
The same report counted 2,573 employment complaints citing gender identity or expression and 2,359 citing pregnancy, childbirth, breastfeeding, or related medical conditions. Those figures cover complaints filed, not proven violations.
Omega Law Group has recovered $2,250,000 in a sexual harassment, gender discrimination, and retaliation case. Past results do not guarantee future outcomes.
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What Myths Stop People From Suing for Gender Discrimination?
Several myths keep employees from filing claims they may have, and the first is that only women can bring these claims. FEHA and Title VII protect every employee from decisions based on sex or gender, so men, women, and nonbinary employees can all file.
Another myth, repeated in some online and AI-generated answers, is that you can only sue if you were fired. FEHA covers pay, promotion, assignments, and other working conditions, so you may have a claim while you still hold the job. A third is that California employees must go to the EEOC first, when a CRD complaint is the required step for FEHA claims.
If one of these myths kept you from acting, Omega Law Group can review whether your claim is still within its deadline.
Gender Discrimination FAQs
These answers cover common follow-up questions about gender discrimination claims in California.
Is Sexual Harassment the Same as Gender Discrimination?
Sexual harassment is not the same as gender discrimination, though both are banned under Gov. Code § 12940 and often appear in the same case. Discrimination involves a decision such as pay, promotion, or firing, while harassment involves unwelcome conduct that creates a hostile work environment.
Can You Be Fired for Reporting Gender Discrimination?
You cannot lawfully be fired for reporting gender discrimination, because Gov. Code § 12940(h) bars employers from retaliating against employees who oppose discrimination or file a complaint. A firing, demotion, or schedule cut after a complaint may support a separate retaliation claim.
Does Gender Discrimination Include Pregnancy Discrimination?
Gender discrimination includes pregnancy discrimination in California, because the CRD treats pregnancy, childbirth, breastfeeding, and related medical conditions as part of sex and gender. Firing or demoting an employee because of a pregnancy may support a FEHA claim.
Can Job Applicants Bring Gender Discrimination Claims?
Job applicants can bring gender discrimination claims in California because the CRD lists job advertisements, applications, screening, and interviews among the practices FEHA covers. An employer that rejects a qualified applicant because of sex or gender, or asks interview questions aimed at pregnancy plans, may face a claim even though the person was never hired.
What Can You Recover in a Gender Discrimination Case?
You can recover lost wages, future earnings, out-of-pocket costs, emotional distress damages, and attorney’s fees in a successful gender discrimination case, and punitive damages may apply to serious misconduct, according to the CRD. A court may also order hiring, reinstatement, or a promotion you were denied.
Talk to Omega Law Group About Your Workplace Options
Whether you can sue for gender discrimination depends on your employer’s size, the law that fits your facts, and how much time has passed. Our attorneys take calls 24/7, offer help in Spanish, and can travel to meet you if coming to an office is hard.
Call Omega Law Group for a free consultation about your workplace, your options, and the deadlines that apply. You pay no attorney’s fees unless we recover compensation for you.
