It is illegal for a corporation to terminate, demote or underpay a female or male employee solely based on their sexuality. Unfortunately, male bias and glass ceilings still exist in our workplaces. This blog will give you tips and techniques for combating workplace gender discrimination.

Gender Discrimination as a Legal Concept

According to California's gender discrimination statute, it is illegal for an employer to fire or disfavor an employee based on her gender in terms of income, working conditions, or benefits.

Simply put, this implies that a company cannot discriminate against you solely for being a woman. Similarly, a corporation cannot maltreat you for being a man. The law is non-discriminatory and applies to all people, not only women.

It may seem stupid, but it is essential to know the definition of "gender" to guarantee that this blog follows the rule of law. It is pretty typical that when someone hears the term gender, they usually think of males and females. That is right, but it is not the conclusion of the story. According to the law, "gender" refers to a person's sex and gender identification and expression.

The word "sex" is used frequently in this corpus of legislation, and it also refers to an individual's gender. But sex further encompasses pregnancy, pregnancy-related medical conditions, lactation-related medical conditions, childbirth, nursing, and childbirth-related medical conditions.

As a result, "gender" comprises the following people:

  • Women,

  • Expectant women

  • Women who have recently given birth or who are almost giving birth,

  • Currently breastfeeding women,

  • Disabled women (due to breastfeeding, childbirth, or pregnancy)

  • Individuals that are transgender or transsexual, as well as

  • Men (female superiors and recruitment agencies cannot discriminate against a man only based on his gender - remember, gender-neutral law pertains to everyone)

Gender Issues at Work: Major Legislation

Various statutes target gender equality at work. The Fair Employment and Housing Act ("FEHA") is the most important law in California. FEHA outlaws employers with more than five employees from discriminating against or harassing an employee based on their gender. You may pursue gender discrimination allegations by the Department of Fair Employment and Housing ("DFEH") if you cannot find a private lawyer to take up your case.

Then there's Title VII. Everyone in the United States is subject to this law (not just Californians). It's comparable to FEHA, though not quite as good. This law covers employers with 15 or more employees. You can pursue gender discrimination allegations by the Equal Employment Opportunity Commission ("EEOC") if you cannot find a suitable attorney to handle your case.

Finally, there's the Equal Pay Act enacted in 1963. The Fair Labor Standards Act ("FLSA") outlaws wage discrimination, which is its element. These regulations make it illegal for a business to pay women less for basically equal labor than men.

Gender Discrimination and the Glass Ceiling: Common Examples

Your attorney will have to show that your firm discriminated against you because of your gender for you to have a case. In many organizations, the glass barrier persists and is a severe impediment to women. Good lawyers will concentrate on how you get different treatment compared to the males and come up with a way of showing it in court.

The following are some instances of such glass ceiling:

  • Because she is a woman, a female sales agent does not get invitations to dinners, golf, or meetings with significant prospects.

  • Hiring, terminating, promoting, demoting, or reprimanding a female employee while not doing the same for male employees.

  • Not firing, demoting, or reprimanding an employee due to their gender. This might be evident in instances when a woman complains of a male harasser, and the man is typically let alone since he is "among the guys."

  • Despite having identical education and experience, a female senior manager discovers that a male manager in the same job with similar responsibilities gets paid better than she is.

  • There has never been a female representative in the executive team, and the board of trustees will not even entertain female candidates.

  • A new mother gets a reduction of income because she can not put out as much more hours after delivering a baby. In contrast, a male employee's compensation is unaffected by his decision to reduce overtime, citing "stress."

  • Refusing to recruit people who identify as transgender or firing those who are transitioning from one gender to another.

  • Not permitting women to attend conferences or training while men get the opportunity to attend the events on a regular schedule.

Actions That Aren't Discriminatory Against Women (Though May Seem Like It)

  • You're reprimanding the lone female staff in your department for a reasonable workplace error. However, if male colleagues committed the same error but were not disciplined, this may be discriminatory.

  • Numerous female employees being laid off at once. If there had been genuine reasons for picking certain job positions for the layoffs, this would not be discriminatory. However, it would be illegal if the motivation for the layoffs were to eliminate female staff.

  • Since she has four years less practical experience, a new female worker gets less payment than a new male worker for a similar role (albeit with fewer responsibilities). However, if she accepts comparable responsibilities and does substantially identical work, and the employer does not equalize her salary, this could become discriminatory.

If you've been dismissed, it's highly improbable that your boss will say that he fired you because you're a woman. They'll give you a deceptive and non-discriminatory explanation for being fired. This deception is known as "pretext." Your attorney will need to show that the firm is lying.

Discrimination's Real-World Consequences

When someone faces discrimination at work, there will be several psychological and emotional consequences:

  • Detachment from coworkers and supervisors

  • Between the victim and the supervisor, there is a breakdown in communication (leading to reduced productivity)

  • Access to ownership, management, and other significant figures in the organization has been restricted. Low

  • Self-esteem Waned

  • Passion for the task.

  • Skyrocketed Tension between both the perpetrator and the victim

  • Embarrassment as a result of being shunned, mocked and singled out

  • Physical discomfort is frequently a symptom of high anxiety and stress.

Action to Take as a Gender Discrimination Victim

If you are still employed, if you quit, or were fired, the response will vary. Competent discrimination lawyers frequently adjust their counsel depending on the circumstances. Please take notice! Before taking any action, you should have your case independently examined by a lawyer.

What to do If You Got Fired

What can you do when you were fired because you were a victim of discrimination? In general, it is best to contact an attorney as soon as you get fired.

You should refrain from threatening legal action. Too many people have ruined their cases by taking this cause or being sued for blackmail unwittingly. You should seek the counsel of a competent attorney and count on their advice.

However, given the large number of individuals searching for a lawyer, not everyone will locate one who would accept their case. Victims should consider claiming with the DFEH if they cannot hire a lawyer. The DFEH will investigate your claim and, in some situations, prosecute it in your place. The DFEH is analogous to the Equal Employment Opportunity Commission (the Federal equivalent).

If You Haven't Quit Your Job

If you are still employed, you should write a polite grievance to the company's relevant authority. You must write your complaint carefully and submit it to be more effective. In it, you must be courteous, helpful, brief, and, most notably, state that you genuinely think your supervisor or colleague is mistreating you because of your gender.

If You Resign From Your Job

What options do you have if you have to quit your job due to gender discrimination? Sadly, your legal options are limited, which is why, unless there are exceptional circumstances, excellent discrimination attorneys do not advise people to leave their jobs.

As you'll see below, you're not entitled to recoup your lost pay if you leave your employment. This is a significant setback for your case's financial prospects. In most gender discrimination cases, lost wages are crucial for recovery.

Are there any exceptions? Yes, you can recoup your lost pay if your departure qualifies as a "constructive termination." A constructive termination occurs when the firm renders the working conditions so unpleasant owing to the worker's gender that a sensible person in the individual's position might have no valid alternative but to resign.

Be aware that qualifying your resignation as a constructive termination is quite tricky. Constructive termination claims are notoriously difficult to win. However, if you find an attorney with vast experience handling such cases, you can successfully pursue the case.

Regardless of the situation or circumstances, do not forget these other steps:

  • Collect and store evidence. Ensure you maintain an account of when you were discriminated against, including names and dates. Although not all incidents of prejudice qualify as such, they might form a pattern.

  • You should report discrimination. You can file the discrimination if you have faith in your Human Resources department. People are frequently terrified of retaliation; thus, they are hesitant. Although retaliation, like wrongful termination, is illegal, it nonetheless causes concern among those who wish to keep their careers.

Gender Discrimination Remedies

Gender discrimination remedies are intended to return the victim to the same or a comparable situation as before the discrimination. There are several options for dealing with gender discrimination, but not all of them are available to every victim - much depends on the case and circumstances.

Gender discrimination remedies include:

  • All unpaid and owing salaries being paid back in full.

  • When it's appropriate and practicable, hiring.

  • When it is appropriate and practical, promotion

  • When appropriate and practical, reinstatement into the same or equivalent role.

  • If reinstatement is not possible, you will be paid in advance for the benefits and income you would have received.

  • Damages to compensate you for issues like emotional suffering and pain.

  • Punitive damages to penalize the employer

  • Other actions aimed at making you "whole" again that is, returning you to the state you would have still been in if the discrimination had not occurred.

In many circumstances, the following will be used as remedies:

  • Attorney's expenses

  • Expert witness fees

  • Court costs

You, as the sufferer, should not be held responsible for such costs. In addition, the employer could be required to change any rules or practices that make discrimination permissible or straightforward. Employees may need to be informed of their right to liberty from discrimination, retaliation, and harassment by posting notices.

The Due Date for Filing Your Case

There are timelines for filing your lawsuit in all aspects of the law. "Statutes of limitations" are the legal terms for these deadlines. You should reach out to an attorney as quickly as possible, whatever the case may be. Please don't put it off.

The statute of limitations for gender discrimination is one year. A right-to-sue letter from the DFEH usually takes one year from the date of the discriminatory act. If you hire a lawyer, they will acquire this letter on your behalf. You have a year from the moment you obtain the right-to-sue letter to file your lawsuit in court or through arbitration.

However, if you are working for a government agency, you need to consult with an employment attorney as fast as possible. Employees at public firms have a varied statute of limitations, as limited as six months.

If you live outside California, you should research your state's statute of limitations laws. In most cases, you have about 180 days to submit a lawsuit with the EEOC.

Find an Employment Attorney Near Me

Discrimination claims can be frightening to report and file. Not only are you concerned about your employer figuring it out, but you might not even be familiar with all of the forms or how to appropriately transmit the information so that your claim is approved and thoroughly reviewed and the outcome is favorable to you.

You don't have to worry over such situations with the accompanying uncertainties. Our experienced employment attorneys at Stop Unpaid Wages are always ready to walk you through the entire process to minimize the accompanying stress while ensuring that you get the justice you deserve. Call us today at 424-781-8411, so we can formulate a plan around your case.