Gender discrimination at work can have a severe impact on those it affects, from ill-health caused by psychological stress to loss of income caused by unequal pay, sick leave, or sudden termination of employment. If you believe your employer is discriminating against you on the grounds of your gender, contact our specialist Anaheim gender discrimination attorney for a confidential discussion about what legal action you can take.
What is Gender Discrimination?
Gender discrimination is another prevalent ongoing issue in today’s world. It can take many different forms but overall it means an employee or job applicant is treated differently because of their sex, gender identity, or sexual orientation. The terms sex and gender have different meanings, when it comes to laws against discrimination at work the two terms are used interchangeably. We know from racial discrimination that sometimes workers experience wrongful treatment due to the color of their skin or race. This is also a problem that runs parallel to gender discrimination.
Some examples of gender discrimination include but are not limited to:
- Not being hired or given a lower-paying position because of your gender identity or sexual orientation. This may look like an employer refusing to hire women or only hiring women for certain positions.
- Regarded or held to different or higher standards or evaluated more harshly because of your gender identity. This also applies to those who don’t act or present themselves in a way that conforms to traditional ideas of femininity or masculinity. An example of this is if an employee who identifies as a woman receives a negative performance evaluation because she is described as too aggressive or wears her hair short. Inversely, on the other hand, a male who behaves the same way is praised for showing leadership.
- Receiving less compensation than a person of a different gender or sexual orientation who is similar or less qualified than you or has similar or fewer job responsibilities than you. The Equal Pay Know Your Rights Guide is a huge asset in gender discrimination cases.
- Being denied a promotion, pay raise, or training opportunity that is subsequently given to others of another gender identity or sexual orientation than you. If you notice that these coworkers are equally or less qualified and/or eligible as you, this is a prime example of gender discrimination.
- Dealing with repercussions like being written up or disciplined for something other employees of a different gender do all the time but are never punished for.
- Dealing with insults, derogatory names, or slurs because of your gender identity. Also hearing hostile remarks about people of certain gender identity or sexual orientation.
- Any intentional or repeated name-calling referred to a different gender than you don’t identify with for instance, when a transgender man is called by his former name or addressed as a miss.
- Subjection to unwanted sexual advances, requests for sexual favors, or other verbal and physical harassment of sexual nature. If you are or have experienced sexual or gender-based harassment please review the Sexual Harassment Know Your Rights Guide.
- Any instance where you are rejected for a job, coerced to leave, or given fewer assignments because you are pregnant.
We advise that you consult with a professional because not all gender discrimination is intentional or even explicit. In order for workplace discrimination to be considered illegal, it must involve treatment that negatively affects the terms and conditions of your employment. This is directly speaking to the responsibilities, rules, and benefits of the job.
Gender discrimination is an illegal act under both state and federal laws. It occurs when an employer treats a person unfairly on the grounds of their gender – for example, refusing to hire a person, firing them, or paying them less than their co-workers purely on the basis of their gender. Californian state law was updated in July 2017 to include the protection of gender identity to include people who are transgender and who are at every stage of gender realignment. As a result, workplace gender discrimination law also requires employers to ensure they have policies on:
- The provision of restrooms that provide for employees’ gender identities;
- Dress or uniform standards that allow an employee to dress according to their gender identity;
- Supporting employees who are undergoing gender realignment;
- Ensuring employees’ preferred names and identities are respected;
- Accepting documentation presented by employees and applicants who are – or have undergone – treatment for gender transition/realignment.
Gender rights in the workplace are also covered by federal law, by Title VII of the Civil Rights Act 1964. This law requires equal treatment for employees of all genders regarding:
- Employee compensation
- Employee benefits
- Access to training and apprenticeships
- Transfers and promotions, layoffs, and recalls
- Hiring, firing, and recruitment
- Job advertising that must not discriminate between genders
- Pay, retirement plans, disability leave
There is a statute of limitations of one year from the last episode of gender discrimination by an employer, so contact your Anaheim JML Law gender discrimination legal team to discuss your case without delay!
How Can Our Anaheim Gender Discrimination Attorneys Help You?
An Anaheim gender discrimination attorney from JML Law can hold your employer to account for failing to protect your civil legal rights. We have many years of experience in dealing with these types of cases, so if you believe you may be entitled to bring a gender discrimination lawsuit against your employer, contact us in confidence.
Our lawyers will be ready to file a gender discrimination case on your behalf. While many settlements are reached out of court, we will litigate on your behalf in court if required. We are always committed to obtaining a just, successful settlement or verdict for our clients. JML Law has many years of experience of recovering discrimination compensation from employers who fail to properly protect your rights at work, and in the past, we have successfully won damages for our clients in cases such as:
- A female manager being refused the same pay as a male manager with the same qualifications and experience;
- Refusal to allow an employee who was transitioning from male to female to wear a female uniform;
- A mother being refused promotion in her part-time job because of her status as a caregiver to her children.
We have a successful track record of winning economic damages for our clients who successfully settle or are awarded damages by a court. Damages can include lost earnings and attorney fees, as well as awards for emotional distress and punitive damages.
Schedule Your Free Initial Consultation With an Anaheim Gender Discrimination Lawyer Today
To discuss your gender discrimination case with our highly experienced lawyers, schedule your free initial consultation with our legal team by calling today at 818-610-8800. Remember, we only get paid if we win your case.
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