In the State of California, it is unlawful for an employer to discriminate against a worker based on sex and gender. It is also unlawful for the employer to unequally pay workers of the opposite sec for the same equal work. A worker that has been discriminated against based on his or her gender has the legal right to file a claim against the employer for damages.
California Law on Discrimination in the Workplace
Gender discrimination in the workforce is not only unlawful in the State of California, it is also illegal across the country.
In the State of California the following laws make it unlawful for any employer or company to discriminate against a worker based on gender:
- The California Equal Pay Act of 1949,
- The California Fair Pay Act, and
- The California Fair Employment and Housing Act, or FEHA
The California Fair Employment and Housing Act
The FEHA prevents employers from discriminating workers based on their gender, gender identity, gender expression, or sex. This could include the following:
- The refusal to hire,
- Discharging or firing the worker,
- The refusal to select a worker for a training program, or
- Making an act of discrimination against a worker in terms of working conditions or compensation
The Fair Employment and Housing Act has determined “sex” to include more than the difference between how an employer treats male and female workers. It can also include the following:
- A woman’s pregnancy or medical condition related to her pregnancy,
- Childbirth and medical conditions related to the childbirth process, and
- Breastfeeding or medical conditions related to breastfeeding
Regrettably, many employers have a preconceived idea about certain gender or have gender-based stereotypes. These stereotypes could lead to generalizations about a worker’s job performance, his or her qualifications, work habits, physical abilities, and productivity. State and federal laws prohibit gender discrimination in the workplace and are used to protect employees by providing employment opportunities based on a person’s abilities and not on his or her gender.
Protect Your Rights After Workplace Discrimination; Consult the Support of a Qualified Attorney
Workplace discrimination is an unfortunately frequent workplace disturbance. In many cases, it can also be difficult to prove. If you have reason to believe that your employer or the hiring manager of a company made a decision on your employment based on your sex or gender, you may be able to file a claim. By filing an employment discrimination claim, you could receive monetary damages. Consider speaking to a qualified attorney who can help you determine what the best course of action is for your specific case.
The employment discrimination attorneys at SANFORD A. KASSEL, A Professional Law Corporation have many years of experience assisting clients defend their rights after they have been discriminated against based on their gender or sex. Workplace discrimination based on a person’s sex or gender is unlawful and an employer breaking the law should be held accountable for his or her actions against the worker. If you have been discriminated against at work, speak to a knowledgeable and experienced attorney who will help you protect your rights.
