Gender discrimination is a severe violation of state or federal law, including the Equal Pay Act of 1963, Title VII of the Civil Rights Act of 1964, and the Fair Employment and Housing Act (FEHA). Since the enactment of these laws, employees have come a long way in the fight for equal rights in the workplace. Yet, employers violate these rights every day. There is still much work to be done to ensure that employees of all gender identities are treated fairly and with respect.
Despite progress in recent decades, including FEHA’s recognition of transgender identity and expression in 2017, employees still face unequal pay, sexual harassment, and pregnancy discrimination. As a Los Angeles gender discrimination lawyer, our attorneys work to defend the rights of those who encounter wage theft, discrimination, harassment, or retaliation in the workplace.
At Bibiyan Law Group, we believe in the importance of access to justice for all employees. We will fight fearlessly to protect your rights. Our 20 lawyers and staff work exclusively on employment law cases and use a strong and uncompromising approach to securing justice.
Contact us today to schedule a consultation and learn more about how we can help you.
Examples of Gender Discrimination
Gender discrimination is any unequal treatment or bias based on an individual’s gender or perceived gender identity. Here are some examples of gender discrimination in the workplace:
- Pay disparity – when employees of the same experience, skill level, and job responsibilities receive different pay based on their gender;
- Sexual harassment – unwanted sexual advances, comments, or gestures that create a hostile or offensive work environment;
- Pregnancy discrimination – treating a woman differently because of her pregnancy, such as denying her a job or promotion or not accommodating her needs during and after pregnancy;
- Stereotyping – assuming that someone is incapable of performing a job or participating in certain activities based on gender stereotypes;
- Denial of opportunities – refusing to provide equal training, advancement, or promotion opportunities to employees based on gender; and
- Hostile work environment – creating a work environment that is intimidating, offensive, or hostile towards individuals based on gender.
Discrimination is a violation of an individual’s fundamental rights and freedoms, and it can have a profound impact on their life and well-being. Discrimination in the workplace can prevent individuals from reaching their full potential, earning a fair wage, and pursuing a fulfilling career. An experienced sex discrimination attorney can help the individual understand the possible outcomes of their case and provide guidance on the best course of action.
Legal Protections Available to Employees
Laws like FEHA and the Equal Pay Act set the minimum standards by which employers must treat their employees. In addition, the laws provide a method for seeking justice when an employer violates their rights.
It is important to note that these laws can be complex and may have specific requirements and deadlines. An experienced attorney can help you understand your rights and options under these laws and assist you in pursuing a claim.
The Fair Labor Standards Act (FLSA) is the primary law that sets minimum standards for wages and overtime pay and protects employees from wage theft. In addition, the Equal Pay Act requires employers to pay employees of different genders the same wage for doing equal work, regardless of job title. A violation of these laws is wage theft.
Wage theft looks like:
- Refusing to pay for overtime worked,
- Not giving you a final paycheck after you leave a job,
- Underreporting hours worked on a paycheck,
- Paying below the state minimum wage,
- Paying a different wage to employees based on their gender, or
- Failing to pay employees for the work performed.
Gender discrimination regarding wages may also violate Title VII.
Gender discrimination in California refers to an employer treating an employee differently, paying them less, or adversely treating them based on sex, gender identity, or gender expression. All employees deserve an equal opportunity to work without fear of unwanted sexual conduct or an otherwise hostile work environment, regardless of sex.
Title VII is a federal law that prohibits employment discrimination based on race, color, religion, sex, or national origin. Title VII applies to employers with 15 or more employees and includes provisions that protect women from sexual harassment and pregnancy discrimination.
FEHA is a California state law that prohibits discrimination in employment, housing, and other areas based on various protected characteristics, including gender. This law covers employers with five or more employees.
FEHA protects against harassment in the workplace, including sexual harassment. It defines harassment as any unwanted conduct based on a protected characteristic, including sex, gender, or gender expression. Such conduct is unlawful harassment if it creates a hostile or offensive work environment or interferes with your ability to perform your job.
Under FEHA, employers are prohibited from allowing harassment to occur in the workplace, and they have an affirmative duty to take reasonable steps to prevent and correct harassing behavior. This includes implementing anti-harassment policies, training employees, and taking prompt and effective action to address harassing behavior when it occurs. The harassment provisions of FEHA apply to all employers regardless of size.
According to FEHA, retaliation occurs when an employer takes an adverse employment action against an employee because the employee engaged in a protected activity, such as opposing discrimination or harassment, filing a complaint, or participating in an investigation. In addition to FEHA, several laws and regulations expressly prohibit retaliation against California employees and job applicants.
It is a violation of these laws for an employer to fire, demote, transfer, reduce hours, or take any other adverse employment action against an employee for engaging in protected activities.
Need a Los Angeles Gender Discrimination Attorney? Bibiyan Law Group Stands Up for Your Rights
Contacting an attorney is the first step in securing justice for civil rights and employment law violations. At Bibiyan Law Group, our attorneys exclusively represent individuals who have experienced gender discrimination. Our primary role is to help workers understand their rights, navigate the legal process, and advocate for their interests.
Coming forward with your story of gender discrimination isn’t easy, but it can mean justice and closure for many people. A lawsuit means making your employer publicly accountable for their illegal behavior. In some cases, a successful case means the employer must change their policies or practices, which will help prevent similar discrimination.