Were you subjected to unfair treatment at work in relation to your sex or gender? Sex discrimination violates your rights, and it may result in unequal pay, workplace harassment, or wrongful demotion. This can be disorienting, but you’re not alone.
Instead, reach out to a Long Beach employment lawyer for legal advice. While it can be isolating and stress-inducing to experience discrimination of this nature, a Long Beach sex discrimination lawyer can help you address these injustices and safeguard your career.
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What Constitutes Sex Discrimination?
Sex discrimination occurs when an individual is treated either unfairly or less favorably in the workplace because of their biological sex or characteristics associated with that sex.
This may include discrimination against a person because they are male, female, intersex, or perceived as belonging to any sex. California state laws also include protections for individuals affected by sex-linked conditions such as pregnancy or breastfeeding.
There are even protections against stereotypes related to traditional gender roles. Here are examples of sex discrimination:
- Refusing to hire someone because they are a woman
- Promoting less qualified men over more qualified women
- Paying women less than men for the same or substantially similar work
- Penalizing male employees for taking family leave
- Making derogatory comments based on someone’s sex
- Adopting policies or practices that disproportionately disadvantage one sex
Discrimination may be overt, such as a supervisor stating that a job is better suited for men. It can also be more subtle, like consistently assigning men to leadership projects and women to administrative work without any business justification.
California Laws Prohibiting Sex Discrimination
In California, workers are protected by multiple overlapping legal frameworks that prohibit discrimination based on sex. State laws often offer broader and more specific protections than federal statutes.
Fair Employment and Housing Act (FEHA)
The California Fair Employment and Housing Act is the state’s primary anti-discrimination law. It applies to employers with five or more employees. It also prohibits discrimination based on sex, gender identity, gender expression, and sexual orientation.
FEHA offers comprehensive coverage of all phases of employment, including hiring, promotions, compensation, layoffs, and training opportunities.
Under FEHA, sex discrimination includes unequal treatment related to:
- Hiring and job applications
- Salary and benefits
- Assignments and schedules
- Promotions and advancement
- Termination and demotions
- Leave policies
- Harassment based on sex or perceived sex
FEHA also prohibits sexual harassment and requires employers to take reasonable steps to prevent and address it.
California Equal Pay Act
The California Equal Pay Act prohibits wage discrimination based on sex for employees performing substantially similar work.
Substantially similar work refers to roles that require similar skills, effort, and responsibility. It also entails job duties that are performed under similar working conditions, even if the titles differ.
This law goes beyond the federal Equal Pay Act by not requiring jobs to be in the same establishment. Employers may only justify pay differences if they are based on these legitimate, job-related factors:
- A seniority system
- A merit system
- A system measuring earnings by quantity or quality of production
- A bona fide factor other than sex, such as education, experience, or training
Even when these factors exist, they must be applied reasonably and consistently. The law places the burden of proof on the employer to show that any pay disparities are lawful.
Title VII of the Civil Rights Act of 1964
Title VII is the federal law that prohibits sex discrimination in employment. It applies to employers with 15 or more employees. Title VII was historically focused on male-female discrimination, but its interpretation has evolved to include the following:
- Sexual harassment
- Gender stereotypes
- Protections for LGBTQ+ employees
In California, individuals often file under both FEHA and Title VII when seeking remedies for sex discrimination, though state law typically provides stronger protections and a longer window for filing.
(310) 526-8383Types of Sex Discrimination in the Workplace
Sex discrimination can affect employees at all stages of the employment relationship. While some forms are easy to recognize, others may be embedded in workplace policies or practices that seem neutral but have discriminatory effects in practice.
Discriminatory Hiring Practices
Employers may violate anti-discrimination laws by favoring candidates of one sex over another during hiring. Here are a few examples:
- Posting job ads that indicate a preference for men or women
- Asking illegal questions about family planning or marital status
- Steering candidates toward roles based on gender stereotypes
Pay Inequity
Wage gaps continue to exist between men and women in California. According to data from the California Commission on the Status of Women and Girls, women in the state earn approximately 88 cents for every dollar earned by men.
From there, even wider disparities exist for women of color. The California Equal Pay Act makes it unlawful for employers to pay workers of different sexes unequally for doing substantially similar work.
This includes base salary, bonuses, stock options, and other forms of compensation. Employers who violate this law may be required to provide back pay and other remedies.
Unequal Promotions and Opportunities
In many cases, sex discrimination manifests in the form of lost career opportunities:
- Passing over female employees for leadership roles
- Offering mentoring or professional development to men but not women
- Assuming male employees are more committed to work than female employees
Discrimination can also take the form of limited access to high-visibility projects, client assignments, or travel opportunities that could lead to advancement.
Discipline and Termination
Disparities in how employees are disciplined or terminated may also point to sex discrimination:
- Female employees may be disciplined for behavior that is tolerated in male employees
- Men may be terminated for taking paternity leave or requesting flexible schedules
- An employer may eliminate a woman’s position after learning she is pregnant
Employers who treat similar misconduct or performance issues differently depending on the employee’s sex may be engaging in unlawful discrimination.
Contact Our Sex Discrimination Law Firm in Long Beach for Help Today
If you or someone you love was subjected to sex discrimination at work, you don’t have to face all of this by yourself. This type of experience can cause emotional damage and financial harm, but you don’t have to go through this alone. Let a sex discrimination lawyer in Long Beach help.
At Omega Law Group, we’re here to help you as your sex discrimination attorney in Long Beach. We know how to handle these situations, and we want to advocate for you and work toward securing the compensation that you deserve.
Don’t wait to get the help you need—we’re here for you. The sooner you contact us, the sooner we can start holding the responsible parties accountable for their actions.
