Sex & Gender Discrimination in the California Workplace

Sex and gender discrimination in the California workplace is an increasingly hot topic as more women and openly gay, lesbian, bisexual and transgender individuals enter the workforce. While state and federal laws require that these employees are given equal access and protections, they often do not receive these mandated benefits and instead are discriminated against because of their sex or gender identification on a regular basis.

Sex & Gender Discrimination

Sex or gender employment discrimination involves treating a person unfavorably because of the person’s sex. While predominantly an issue for women, sex discrimination can also be directed towards men. This person could be a job applicant or a current employee. If you were discriminated against at work because of your gender or sexual orientation, know that California law is on your side. For example, if you have not been hired for a job, fired, or otherwise harmed in employment because of your sex or gender, then you may have suffered sex or gender discrimination. An experienced employment lawyer can explain more.

While the terms “gender” and “sex” are often used inter-changeably, the two terms actually have distinctly different meanings. According to social scientists, “sex” refers to a person’s biological or anatomical identity as male or female and “gender” refers to the collection of characteristics that are culturally associated with maleness or femaleness. An employee may be discriminated at work because of his or her sex (such as denying a promotion to someone because she is female) because he is genetically male, but identifies more as a female. Both types of discrimination in the workplace are against the law.

Some common examples of how sex and/or gender discrimination in the workplace can be taken out on an employee include:

• Hiring/Firing/Promotions;
• Unequal Pay;
• Job Classification;
• Benefits;
• Time Off;
• Shift Assignment.

For example, if you are a pregnant woman and you have a doctor’s note stating you cannot work certain shifts but your employer refuses to accommodate you, you may have a claim for discrimination.

Financial Recovery for Discrimination

If your Orange County employer has discriminated against you, you may be able to bring a claim for gender discrimination and recover back pay, front pay, damages for emotional distress, attorneys fees, fines, or punitive damages. Additionally, if you so desire, you may be able to be reinstated at your job or even promoted. You can discuss your preferences with your Orange County employment lawyer.

To discuss your discrimination case at no cost, contact the experienced Orange County employment attorneys at Hardin & Associates today.