Gender discrimination is a widespread type of employment discrimination that still characterizes the modern professional sphere despite the significant legal advances. This is a pernicious problem, which can take many forms, including implicit discrimination in employment and promotion, explicit discrimination in terms of unfair compensation and unpleasant working conditions, and a host of other ways, which systematically sabotage the careers and potential of many people. This kind of discrimination is a personal injustice and a fundamental undermining of the meritocracy and fairness upon which a healthy and equitable workforce must be based. The resulting inequality of opportunity and compensation highlights a social shortcoming that needs to be addressed immediately.

To the individuals who have suffered these injustices, employment law is a complicated subject. Stop Unpaid Wages is prepared to provide all-encompassing legal assistance. In case you have experienced discrimination at your workplace due to your gender and want to get justice for this, our team of professionals knows how to pursue your case. We will diligently research your allegation, offer sound legal advice, and fight hard for justice.

What is Gender Discrimination as FEHA Defines It

Gender discrimination in employment is strictly forbidden in California via the Fair Employment and Housing Act (FEHA). This all-inclusive legislation protects you against unfair treatment depending on your real or presumed sex, gender, gender identity, or gender expression. In contrast to specific federal laws, the protections of FEHA are vast in that they protect transgender and non-binary people and acknowledge that discrimination can be based on a broad range of gender-based traits and stereotypes, and not only biological sex.

In particular, FEHA makes it illegal for employers with five or more employees to practice discrimination in all employment aspects. This involves, but is not limited to, the decisions made concerning:

  • Hiring and firing — Rejection of a qualified candidate to hire or termination because of your gender.

  • Compensation and benefits — Paying different people different rates to do substantially similar work because of gender, or not providing you with benefits.

  • Promotions and job assignments — Denying an employee a promotion or giving an undesired job to them based on gender.

  • Training and mentorship — Restricting your access to professional development opportunities.

  • Workplace conditions — Making your gender the reason to create a hostile or offensive work environment

Sexism in CA is more than just overt, denigrating statements. It includes minor prejudices and entrenched laws that affect people of one gender more than the other. For example, a manager who mentions a preference to hire males in a "demanding" position because women are less capable is a direct example of gender bias in the workplace. In the same way, enforcing a more strict dress code on female employees than male ones, or condemning a woman as being too aggressive and commending a man doing the same, would amount to illegal discrimination. The law also guards against pregnancy/childbirth or any kind of medical conditions related to pregnancy, and therefore, the inclusive nature of FEHA classes of protection under gender. These safeguards guarantee that every person in California workplaces is entitled to an equal chance and a decent atmosphere, unsullied by gender-based bias.

Types of Gender Discrimination that are Common in California Workplaces

Although gender discrimination in the workplace is illegal in California, it is usually expressed in subtle yet effective ways. You need to be aware of these trends to safeguard your rights under the state law, specifically the Fair Employment and Housing Act (FEHA). The first step to justice is understanding the different forms of discrimination.

  1. Discriminatory Employment Opportunities

Biased career opportunities are one of the common symptoms. It happens when you are consistently passed over for promotions or leadership roles despite equal or superior qualifications, often due to outdated stereotypes, hindering your career progression.

For example, as a woman, you could be pushed again and again into administrative or support positions, whilst men with comparable experience are prepared to be managers, or as a non-binary person, you may be left out of essential team meetings and networking opportunities.

  1. Pay Inequity

Another clear sign and a direct contravention of the California Equal Pay Act is pay inequity. This act requires that the same pay be given to a "substantially similar work," similar jobs in terms of the level of skills and efforts needed, and responsibility, under similar working conditions, irrespective of gender. When you find out that a colleague of the opposite gender is paid more to do the same job you do, even though the job title is slightly different, this may amount to unlawful pay discrimination. This is not limited to base salary but also bonuses, benefits, and other compensations. The law makes it difficult for employers to argue about pay differences on grounds other than those genuinely in business, like seniority, merit, or production systems.

  1. Hostile Work Environment

A hostile work environment is not just one or two inappropriate remarks. It is a regularity or habit of extreme or widespread behavior that causes an intimidating, offensive, or abusive climate grounded in gender. This may involve long-term stereotypical comments, degrading jokes, insults, or presenting derogatory images.

Although one isolated instance may not be enough to pass the bar, a pattern of this behavior, though not necessarily sexual, can make the workplace intolerable and is a sure indicator of gender-based harassment. This form of harassment may be initiated by the supervisor, fellow employees, customers, or even third parties.

  1. Discriminatory Standards

Gender bias tends to be brought out through discriminatory standards. This comes out clearly when you are disciplined or examined or judged more strictly on actions that, in other employees of the opposite gender, are accepted or even commended.

In another instance, as a woman, you may be considered too aggressive in displaying leadership qualities, whereas as a man, you are applauded as decisive. Equally, when your work hours or productivity are monitored more strictly without a reasonable, non-discriminatory reason, when other people are treated more leniently, this is also a sign of possible gender-based discrimination.

These are subtle and overt indicators of gender discrimination in California workplaces.

The FEHA and Other Employee Protection Laws

California leads the way in employee protection, having a strong and multi-layered legal protection against workplace discrimination. The state laws usually cover wider areas than the federal ones, giving you more grounds to seek redress. These are some of the most important laws that you should know to enforce your rights in the workplace:

  1. Fair Employment and Housing Act (FEHA)

The Fair Employment and Housing Act (FEHA) is the pillar of California's anti-discrimination system. FEHA is codified in the sections of the Government Code, which are famous due to their much more protective approach to employee rights than the federal analog, Title VII of the Civil Rights Act of 1964.

Most importantly, FEHA applies to all employers with five or more employees when it comes to discrimination claims, and this covers a tremendous amount of small businesses not covered by federal law (which generally covers employers of 15 or more employees). Regarding harassment claims, FEHA hostility/harassment protections protect all employees, even those working for employers with fewer than five employees. This wide coverage means a wider percentage of the Californian workforce is covered.

In addition to its greater scope, FEHA bans discrimination on a broader range of protected characteristics than Title VII. These are not only sex, gender, gender identity, gender expression, but also age (40 and over), ancestry, color, marital status, medical condition, military or veteran status, national origin, physical or mental disability, race, religious creed, and sexual orientation.

Moreover, FEHA does not have statutory caps on damages as Title VII, which can considerably reduce the amount recovered by plaintiffs. This is one of the reasons why FEHA is a favorite method of bringing discrimination claims by California employment attorneys.

  1. California Equal Pay Act

FEHA is complemented by the California Equal Pay Act, which is an effective tool to fight the problem of wage discrimination. According to this act, workers who work in a substantially similar area are entitled to equal pay regardless of sex, race, or ethnicity.

The standard of substantially similar work concentrates on the combination of skill, effort, and responsibility needed to do the job, as opposed to the mere job titles, making it more difficult for employers to conceal pay gaps behind formal job distinctions.

One of the most critical safeguards of this act is the ban on retaliation. Employers are expressly prohibited from retaliating against you when you:

  • Talk about your wages

  • Ask other co-workers about their wages, or

  • Otherwise, attempt to exercise your rights under the act

This provision allows employees to discover and question pay disparities without fearing adverse employment action.

  1. Civil Rights Department (CRD)

As of July 1, 2022, the Department of Fair Employment and Housing (DFEH) was renamed the California Civil Rights Department (CRD), with all its existing functions unchanged. The CRD is the state agency that investigates and mediates complaints of discrimination, harassment, and retaliation in employment and housing.

If you believe your FEHA rights have been infringed, you will start by filing a complaint with the CRD. The CRD then proceeds to investigate the claims and, depending on the results, may provide mediation capabilities, file a case on behalf of the complainant, or send a right-to-sue letter, which enables you to bring a case in court. The role of the CRD is crucial in making the administrative process accessible to employees so they can claim their rights and find a solution to the problem of discrimination in the workplace.

Reporting and Documenting Gender Discrimination

When you feel you might be a victim of gender discrimination at your California job, act strategically and purposefully to defend your rights and come up with a compelling case. The answer to the question of what to do concerning gender discrimination involves a procedural way of recording and officially reporting the incidents.

  1. Make a Detailed, Private Log

The best weapon you have against discrimination is a well-kept, secret diary. You must ensure that you keep this log on a personal device or a non-company and secure platform, like a personal email account, a personal document on your personal computer, or a specific notebook you keep secret. You must never use company-owned equipment or networks to do this because your employer may have the right to look at what is on their systems.

Note down the following information about every incident you think is discriminatory:

  • Date and time — Make it as precise as possible

  • Location — Where was the incident, for example, the office, meeting room, or virtual call?

  • Factual description of what happened or was said — Describe the events objectively. Do not use emotional language. Use facts that can be verified. For example, rather than writing, “My boss was mean to me,” you should write: My manager, [Manager Name], said on [Date] at [Time] in the conference room, “Women are not cut out to be leaders in this business,” when discussing my promotion.

  • Who was there (Witnesses) — Put the names and titles of all present during the event or overheard the discriminatory comments.

  • How it affected you — Please briefly describe how the incident directly affected your work, your emotional situation, or your career opportunities. For example, "After this remark I was later refused the promotion," or “I felt demeaned and devalued.”

This detailed log is crucial as evidence in a FEHA claim, and it assists you in recreating events if you have to report them or take legal action.

  1. Check the Anti-Harassment and Discrimination Policy in Your Company

According to California law, employers with five or more employees must have a written anti-harassment and discrimination policy. Find and read this policy before taking any formal action. It is usually contained in the employee handbook or on the company intranet, or you can request a copy through HR.

One of the first things you can do is familiarize yourself with the procedure your employer outlines for making complaints. This policy will specify the reporting channels, including your immediate boss, HR, or any other company official. Knowing this process proves that you follow company procedures, which may be significant in any future legal process.

  1. Gather All Your Supporting Evidence

Besides your detailed log, you should also proactively collect and save all supporting evidence in a personal, but accessible place, for example, a personal cloud drive like Google Drive, Dropbox, an external hard drive, or a secure personal email account. This evidence may consist of:

  • Discriminatory emails or messages — Make a copy (screenshot, forwarded email, text, or message) of any emails, Slack/Teams messages, text messages, or other communications with discriminatory language or instructions.

  • Performance reviews — Keep copies of your performance reviews, particularly those that show that you have been performing well, in case you are being wrongly accused of poor performance. Provided it is available, also collect performance reviews of co-workers of the opposite gender who have been promoted or received opportunities you had been denied, especially when they are less qualified.

  • Job advertisements — Snap screenshots of any biased job postings, particularly those that do not comply with the legally required pay scale under California pay transparency laws, or that use language biased towards one gender.

  • Company policies — Make copies of your employee handbook, anti-discrimination policies, and other relevant company policies.

  • Relevant documents — Any other documents that help to prove your allegation, including schedules, project assignments, or disciplinary notices that you believe were not applied fairly. This documentation establishes your experiences and supports your stand if you intend to make formal complaints.

  1. Create a Formal Document of the Complaint

After creating your log and collecting preliminary evidence, you are expected to use the procedure in your company's harassment and discrimination policy to report the matter internally. Most importantly, you must do this in writing, ideally an email, to establish a time-stamped record of your complaint.

As you write your email to HR or whoever your manager is:

  • Make the facts straight — Use actual examples of incidents in your detailed log, including dates, times, and some simple fact descriptions.

  • Be professional — Be professional and objective by not being emotional.

  • State your concern clearly — State clearly that you believe you are being discriminated against because of your gender, harassed, or retaliated against against company policy and the Fair Employment and Housing Act(FEHA). This statement is essential in proving that the company was aware of discriminatory actions.

  • Request action — Seek an investigation into your concerns and suitable remedial action. This is a formal written complaint to HR California, and it is usually a necessary precursor to seeking external legal recourse since this gives your employer a chance to correct the situation. It also maintains a clean record that you have tried to settle the issue internally, which can work to your advantage in future FEHA claims.

The CRD Process

If your internal reporting efforts are unsuccessful, or if internal reporting is not an available or safe option, the law gives you a formal channel to move your discrimination complaint to the next level. This is done by filing a claim with the state's Civil Rights Department (CRD), which is an important step in the employment discrimination process in California.

The most important thing is to understand the statute of limitations that California discrimination claims are subject to. This is a decisive benefit for Californian employees. In most cases, you must submit a complaint to the Civil Rights Department (CRD) within three years after the last discriminatory action. It is far more time than the 180-day time limit that may be set by a federal law (Title VII), within 300 days of the incident. This is ample time to collect evidence, consult, and file your complaint. Failure to meet this deadline may deny you the right to pursue your claim forever, so it is important to know when it would occur.

The Procedure of Filing a Complaint

How to file a CRD complaint typically starts by filling out an Intake Form with CRD. This form may be typically filled out online via the user-friendly portal on CRD or mailed. In this form, you will be expected to provide the details of the alleged discrimination, which include:

  • Who — The people involved (your employer, managers, particular colleagues)

  • What — Explain the discriminatory act or behaviors

  • When — Give dates and times of the incidents

  • Where — State the place where the discrimination took place. This intake form triggers what used to be called the DFEH complaint process, so that the CRD can review your allegations and decide what to do next.

The Post-Filing Process

After completing your intake form, the CRD will review your information. The following CRD complaint procedure may develop in the following ways:

  • Formal investigation— The CRD can institute a formal investigation into your complaint. This may include interviewing you, your employer, and witnesses, as well as inspecting documents and other evidence.

  • Dispute resolution/mediation services — The CRD tends to facilitate the free and voluntary use of dispute resolution/mediation services to assist you in reaching an amicable settlement with your employer. This may be a faster and less contentious method of solving the problem.

  • Immediate Right-to-Sue Letter —At your request, or if the CRD chooses not to proceed with an investigation or mediation, they may send an immediate Right-to-Sue letter. The letter is crucial and officially confirms that you have the right to sue your employer in civil court. You usually have one year after the date of the right-to-sue letter to file a lawsuit.

Find an Employment Attorney Near Me

Gender discrimination is a widespread and destructive phenomenon in the California workplace that negates personal potential and infringes upon the most basic rights. Whether it is a subtle discrimination in promotion and salary or gross harassment, the effect is deep-rooted and extensive. Although California has strong legislation, including FEHA and the Equal Pay Act, its usefulness depends on people’s actions.

You are not the first person to be discriminated against in the workplace due to gender. You can file a lawsuit. At Stop Unpaid Wages, we stand ready to give you the caring and professional legal help you require. Do not allow discrimination to be your career. Call us at 424-781-8411 now to schedule a confidential consultation and make the vital step towards getting the justice and fair treatment you are entitled to.