In the State of California, it is against the law to discriminate against an employee based on his or her sex and/or gender. It’s also unlawful for employers to provide different wages to employees who are providing the same work. If you are an employee who has been discriminated against, you should know that you have the legal right to file a lawsuit against your employer.
Unlawful Discrimination
Discrimination based on gender is unlawful in the State of California. It is also an illegal practice at a federal level. The following are some of the most fundamental laws that have been passed to ensure that workers in the State of California are not discriminated against based on gender.
- California Equal Pay Act
- Under the California Equal Pay Act, also known as the SB 358, the State of California has adopted legislation that is intended to diminish the pay gap between men and women.
- California Fair Employment and Housing Act
- The California Fair Employment and Housing Act, also known as FEHA, has made it unlawful for employers to discriminate against gender.
- Under this act, a worker cannot be discriminated against based on his or her gender, gender expression, gender identity, or sex.
- This could include, but is not limited to: the hiring process; the firing of a worker; the refusal to select a worker for an educational program; or in the process of discriminating in terms of the employee’s compensation.
Identifying If You Have Been Discriminated Against
It is unlawful for employers or companies to do the following based on an employee’s gender or sex:
- Deny the employee equal pay
- Reducing the employee’s salary
- Deny the employee a promotion
- Deny the employee reinstatement into a position
- Harass a worker
- Influencing the worker to quit his or her work
- Refusing to hire a person
- Refusing to select an employee for an educational or training program
- Refusing to allow time for pregnancy disability leave
- Denying a worker benefits
- Discriminating against a worker in any other form
It is important to understand that not all forms of gender-based discrimination in the workplace will be immediately noticeable. Many times, this type of discrimination will happen silently. Many employers will know that gender-based discrimination is unlawful and will therefore be really careful not to make it obvious. If you feel that you have been discriminated against, look out for some of the following warning signs:
- Not including members from one particular sex in meetings
- One gender is regularly promoted while the opposite is not
- Suggestive language concerning an employee’s outfit
- Hostile workplaces
- The sharing of offensive or vulgar pictures (in electronic or paper format)
- Making men and women take different roles or practice different duties in the workplace
- Retaliating against a worker who has reported the workplace discrimination
- Employers who have allowed sexual harassment to occur in the workplace
- Employers who have forced or otherwise convinced pregnant workers to quit from their position
Obtain Legal Representation
Facing gender-based discrimination in the workplace in the State of California is unlawful. Consider seeking the advice of a legal professional that can guide you through the process of filing for a claim in order to seek restitution for the damages you sustained. The attorneys at Sanford A. Kassel, APLC are dedicated to helping those who have encountered workplace discrimination. Seek the guidance and support of a qualified team of experienced employment law attorneys.
