Women have been fighting for equal rights since the middle of the nineteenth century. The fight clearly is not over. While women comprise over 50% of the population, women lag substantially behind men when it comes to their representation in leadership and management positions in all industries. Women continue to collide into the proverbial “glass ceiling” and nationwide are paid only 80 cents for every dollar paid to men.
Gender discrimination is unlawful. If you suspect your employer has discriminated against you on the basis of gender or sex, or that you are paid less than other employees of the opposite sex for substantially similar work, we encourage you to contact us to see how we can help. You may be entitled to compensation. We will evaluate your claims, explain the discrimination laws and your legal options, and propose a strategy to obtain the justice you deserve.
We handle all gender discrimination cases on a contingency basis. That means you pay us nothing unless and until we obtain a settlement or verdict for you. Contact us online or at (213) 863-4276 for a free, confidential consultation.
Recognizing Gender and Sex Discrimination in the Workplace
Gender and sex discrimination generally occurs in one of two ways in the workplace
Intentional Discrimination
Intentional gender discrimination occurs where the employer makes an adverse employment decision, like termination or a failure to hire, because of the applicant’s or employee’s gender or sex.
Disparate Impact Discrimination
California and federal law also prohibit employers from implementing a gender-neutral policy or practice that has a negative impact on the member of one gender when the policy is not job related or necessary to the operation of the business.
Example: a sausage-making plant implemented a pre-employment strength test that required applicants to carry 35-pound weights back and forth, lifting them to heights of 65 inches, for seven minutes. More than 95% of male applicants passed the test, but fewer than 40% of female applicants passed it. This “gender-neutral” policy unlawfully discriminated against women because the strength required for the test was unnecessary to perform the positions at the company.
Gender discrimination can be subtle. Common examples include:
- You are denied important assignments, or valuable accounts/cases, because your supervisor assumes that your childcare responsibilities will prevent you from meeting deadlines.
- You are denied promotions despite having the required qualifications and strong job performance;
- You are excluded from leadership training or other opportunities for leadership experience.
- You are denied a sales executive position because, although you have experience and excellent qualifications, the company believes its long-time clients are more comfortable dealing with men.
- You are paid less than your male counterpart for substantially similar work.
If you suspect that your employer has discriminated against you on the basis of your gender or sex, a Los Angeles discrimination lawyer can help. Contact us online or at (213) 863-4276 for a free, confidential consultation.
What You Can Do Now About Gender Discrimination
If you believe you may have a claim for gender or sex discrimination, you can take a number of steps to protect yourself and preserve your legal rights.
1
Journal
Keep a journal of the discriminatory acts and harassment you’ve experienced because of your gender or sex, including dates, places, times, names of the persons involved and names of witnesses. Keep this journal at home or in a safe place, and not at work.
2
Report It in Writing
Many employers have gender discrimination policies in their employee handbook. If your employer does, follow the procedure in the handbook for reporting gender discrimination. If your employer does not, make a written report to your supervisor or someone in human resources. This report does not need to be long or formal. An email will work fine.
3
Keep Records
Keep copies of emails and other documents that you have sent or received from your employer regarding your complaint. Keep copies of emails and other documents, too, that you have received that you suspect are discriminatory or harassing. If your employer has an employee handbook, obtain a copy. Also, keep copies of positive performance reviews and letters. Keep these records at home or in a safe place, and not at work.
4
Don’t Quit
No one wants to experience gender discrimination or harassment at work. We understand that. But employees who quit before reporting gender discrimination will have a more difficult time winning a lawsuit. If you’re experiencing a stressful workplace, talk to an experienced employment attorney about how to preserve your legal claims.
5
Take Care of Yourself
Seek professional counseling or treatment if you are experiencing emotional distress, anxiety, depression or other psychological symptoms because of gender discrimination.
6
Contact an Employment Attorney
Contact an employment attorney at Custis Law, P.C. online or at (213) 863-4276 to schedule a free, confidential consultation.
The Legal Landscape: Gender and Sex Discrimination Laws
Title VII of the Civil Rights Act of 1964 (Title VII)
Title VII is a federal law that prohibits employment discrimination based on race, sex, color, national origin and religion. Title VII applies to employers with 15 or more employees. Before filing a Title VII lawsuit in court, a plaintiff is required to file a complaint with the Equal Employment Opportunity Commission, which enforces Title VII. We will help you file that complaint, if necessary.
The Equal Pay Act of 1963
The federal Equal Pay Act protects men and women who perform substantially equal work in the same establishment from gender-based wage and benefit discrimination.
California’s Fair Employment and Housing Act (FEHA)
FEHA is the California law that prohibits employment discrimination on the basis of sex and gender at every stage of employment, including hiring, firing, layoffs, training opportunities, promotions, and demotions. Before filing a FEHA lawsuit in court, a plaintiff is required to file a complaint with California’s Department of Fair Employment and Housing, which enforces FEHA. We will help you file that complaint.
California’s Equal Pay Act
California’s Equal Pay Act prohibits an employer from paying any of its employees wage rates that are less than what it pays employees of the opposite sex, or of another race, or of another ethnicity for substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions. California’s Equal Pay Act applies to all employers.
Although Title VII and FEHA are similar, California’s FEHA generally offers more protection to employees. While Title VII only applies to an employer with 15 or more employees, FEHA’s anti-discrimination prohibition applies to employers with 5 or more employees and FEHA’s anti-harassment prohibition applies to all employers. FEHA also enables plaintiffs to recover unlimited damages, but Title VII limits the amount of compensatory and punitive damages that plaintiffs can recover.
Given the advantages of California’s FEHA and Equal Pay Act, Los Angeles sex discrimination attorneys generally prefer to assert discrimination claims under California law.
Let a Los Angeles Gender Discrimination Attorney Fight for You
To learn how a Los Angeles gender discrimination attorney from Custis Law, P.C. can help you, contact us online or at (213) 863-4276 to schedule an initial, free consultation. We will review your case, explain California’s discrimination laws and your options, and propose a strategy for protecting your civil rights.
We handle all discrimination cases on a contingency basis. That means you pay us nothing unless and until we obtain a settlement or verdict for you.
Contact Custis Law, P.C.
If you would like to schedule a free, no-risk consultation with Custis Law, P.C., call (213) 863-4276 or submit a request through our online form. If we cannot answer you inquiry immediately, we will be in touch within 24 hours.