Workers in Ontario, California, are protected from illegal discrimination in the workplace. This includes discrimination based on one’s sex or gender identity. If you believe you’ve been unfairly treated at your job because of your sex, gender identity, or gender expression, you need to speak to an Ontario employment lawyer about your rights and options.
The team at Omega Law Group Accident & Injury Attorneys has decades of collective experience fighting for the rights of workers in California. Employers are required by law to treat employees fairly and without discrimination. We can hold them accountable for violating your rights and harming your career.
Contact our offices today to speak to a sex discrimination lawyer in Ontario.
Workplace Sex Discrimination Laws in Ontario
California’s laws regarding workplace sex discrimination are found in the Fair Employment and Housing Act (FEHA). According to the FEHA, employers are prohibited from treating employees and job applicants unfavorably on account of their sex. This prohibition on discrimination extends to all matters of employment, including:
- Hiring and firing
- Giving raises or promotions
- Assigning job duties
- Utilizing employee benefits (e.g., family leave)
- Providing workplace accommodations
In California, sexual harassment is considered a form of discrimination on the basis of sex. It’s sex discrimination because it’s creating a hostile environment based on a person’s actual or alleged belonging to a particular sex or gender.
FEHA Covers Physical Sex and Gender Identity
Under the FEHA, the term “sex” encompasses both physical sex and sex characteristics (e.g., biological sex) as well as internal gender identity and gender expression. As such, gender identity is a protected category, and discriminating against someone based on their gender is a form of sex discrimination, punishable by the law.
Examples of Sex Discrimination in the Workplace
Some instances of sex discrimination are obvious and the result of explicit prejudice. But many cases are more subtle and result from stereotypes or attitudes ingrained by culture and society. Below are some hypothetical examples of putative sex discrimination:
- Paying an employee of one sex less than an employee of another sex for performing the same job
- Assuming an applicant can’t perform the job because of their sex/gender (e.g., “Women can’t perform physically demanding jobs.”)
- Discriminating against pregnant people on account of their medical condition
- Providing disparate benefits to employees based on sex or gender (e.g., familial leave)
- Separating or segregating employees based on sex or gender
- Making unwanted charged comments about one’s physical appearance or body
- Making derogatory comments about someone’s sex or gender
- Workplace dress codes that target one gender over another
- Repeated and intentional misgendering
Note that it doesn’t matter whether the victim is actually a member of the discriminated sex or gender identity. It only matters if the employer believes they are and takes adverse job actions based on that belief.
For example, if your employer believes you are transgender and targets you based on that belief, it’s still sex discrimination regardless of whether you’re transgender or not. Discrimination depends on the employer’s belief, not the victim’s actual identity.
Compensation You Can Recover in a Sex Discrimination Employment Lawsuit
An Ontario sex discrimination lawyer can pursue compensation for the following losses in an employment lawsuit:
- Back pay for lost work income
- Front pay for lost future job opportunities or promotions
- Emotional distress and mental anguish
- Attorney’s fees and other legal costs
- Punitive damages to punish your employer
Unlike some states and federal law, California doesn’t place a cap on damages for sex discrimination lawsuits, so there is no hard limit to your recovery.
Proving Sex Discrimination in the Workplace in California
In California, you don’t necessarily need to prove that your employer had an active and specific intent to discriminate against you because of your sex. Proving malicious intent is an extremely high bar, and most discrimination cases wouldn’t be able to meet that burden.
In most cases, it’s sufficient to prove that discrimination was a contributing factor to the adverse job action. This usually means proving three things:
- You are (or are believed to be) a member of the class discriminated against.
- Your employer took an adverse job action against you.
- Similarly situated employees not in the discriminated class were treated better.
For example, say you become pregnant and your employer then unexpectedly reduces your hours without reducing other employees’ hours. The timing of the adverse action and disparate treatment of employees could constitute evidence of sex discrimination.
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Contact an Ontario Sex Discrimination Lawyer Today
The consequences of sex discrimination are great, and those consequences are often borne by the least socially advantaged of us. Omega Law Group is dedicated to promoting a fair workplace for all employees, regardless of their sex and gender identity.
If you’ve been a victim of illegal discrimination, we can help hold your employer accountable and pursue justice on your behalf. Contact our offices online or call today to speak to a sex discrimination lawyer in Ontario.
