The California Fair Employment and Housing Act (FEHA) prohibits employers, employment agencies, and unions from harassing or discriminating against employees based on gender, gender identity, or gender expression. FEHA outlaws several specific discriminatory practices, including:

• The Gender Pay Gap: This is the consistent difference in average gross hourly earnings between men and women. It is often caused by factors like:
  • Direct Discrimination: Paying a woman less than a man for the same job.
  • Occupational Segregation: Women being overrepresented in lower-paying industries or roles (e.g., care work, education).
  • The Motherhood Penalty: Women with children often face lower wages and slower promotions compared to childless women and men.
• Biased Hiring and Promotion: Unconscious or conscious bias often results in men being hired or promoted over equally or more qualified women. This is particularly prevalent in leadership and STEM fields.
• Sexual Harassment: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that affects an individual’s employment or creates a hostile work environment. An employer should have established Zero-Tolerance Policies and should consistently enforce strict policies against sexual harassment and bullying. Employers have a duty to ensure there are clear, confidential reporting mechanisms in place.
• Pregnancy and Parental Discrimination: Treating an employee unfavorably because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. This can include denial of leave or being passed over for a promotion upon return.
• Lack of Flexible Work Arrangements: Rigid work structures that do not support caregiving responsibilities disproportionately impact women, often forcing them to scale back or leave the workforce. An employer should provide equal, paid parental leave and flexible schedules, where possible, for all parents, regardless of gender, to support employees with caregiving responsibilities.

The Employment / Civil Rights Lawyers at SANFORD A. KASSEL, A Professional Law Corporation, can be an essential ally to you when dealing with Gender Discrimination. We can help you navigate the complex legal process, protect your rights, and work toward a fair resolution.

Here are the key ways we can assist with a Gender Discrimination claim:

1. Case Evaluation and Legal Strategy

• Review Your Case: We will review all the details of the discrimination you faced, advise you on whether you have a strong legal claim, and explain the relevant federal and state laws, such as Title VII of the Civil Rights Act and the Equal Pay Act of 1963.

• Establish Proof: Gender Discrimination is often difficult to prove because direct evidence is rare. Our legal team will help you build a case by gathering circumstantial evidence, such as a pattern of unfair treatment, witness statements, and documentation.

• Identify Damages: We our team of legal experts, we can assess the types of compensation you may be entitled to, including back pay (lost wages and benefits), front pay (if reinstatement is not possible), compensation for emotional distress, and potentially punitive damages to punish the employer.

2. Administrative and Court Filings

• EEOC Charge: For most federal employment discrimination claims, you must first file a Charge of Discrimination with the U.S. Equal Employment Opportunity Commission (EEOC) or a state/local Fair Employment Practices Agency (FEPA). Our team has the necessary skill sets to be able to help you prepare and file this charge correctly and ensure you meet the strict statutes of limitations (deadlines).

• Filing a Lawsuit: If the EEOC investigation concludes or issues a Notice of Right to Sue, we will be prepared to timely file a civil lawsuit against your employer, representing you throughout the litigation process.

3. Negotiation and Advocacy

• Negotiate a Settlement: A significant number of cases are resolved through settlement. Our top Employment Lawyers can negotiate with your employer or their legal team to reach a favorable outcome that may involve compensation or changes to workplace policy, often keeping the matter confidential.

• Prevent Retaliation: It is illegal for an employer to retaliate against you for reporting discrimination or participating in an investigation. Our Attorneys can advise you on how to protect yourself and take legal action if retaliation occurs.

• Litigation: If a settlement is not possible, we will represent you vigorously in court, preparing and presenting evidence, examining witnesses, and fighting for your rights before a judge or jury.

Because there are tight deadlines for filing discrimination claims, it is generally recommended to consult with a discrimination attorney as soon as possible after experiencing or recognizing the discriminatory conduct.