Gender Discrimination

At West Coast Employment Lawyers, our gender discrimination lawyers are available 24/7 to offer legal assistance. We will determine whether your employer is violating California’s labor and employment laws. If so, we will help you through each and every stage of the legal process to ensure you are given the justice and compensation you deserve for your losses.

To schedule a free case evaluation with one of our top-rated gender discrimination lawyers, we welcome you to contact our 24/7 legal team by calling 213-927-3700, emailing [email protected], or completing our online contact form located on the bottom of the page. 

What Is Gender Discrimination?

Gender discrimination is when an employer makes unnecessary decisions based on the gender of an applicant or employee. For instance, if a hard-working female employee increases the company’s productivity while the male employee provides the bare minimum and gets a promotion first, it could be a sign of gender discrimination. 

Nonetheless, if an employer fires, hires, promotes, or offers benefits solely because of your gender, you could file a gender discrimination claim against them. 

How Can Gender Discrimination Occur in the Workplace?

Gender discrimination in the workplace may occur in many forms, with the main issue stemming from an employer treating someone better or worse compared to others due to their gender. Some common actions of gender discrimination that have been reported in the workplace include the following:

• Refusing to hire someone due to their gender.
• Offering a low-paying job position to an applicant because of their gender.
• Being treated more strictly than the opposite gender. 
• Receiving the same pay as someone of the opposite gender who has similar work-related duties, but they do not contribute as much to the company as you do.
• Being denied a raise or promotion that is given to someone of the opposite gender who is far less eligible to receive such benefits.
• Getting in trouble for something that an employee of the opposite gender does, but does not get any punishment for. 
• Being called derogatory names or slurs because of your gender.
• Dealing with an employer who gives non consensual sexual advances or asks for sexual favors because of your gender.
• Getting harassed physically or verbally by your employer due to your gender.

What Laws Protect Me Against Gender Discrimination?

California has labor laws that protect employees and applicants against gender discrimination.

Title VII of the Civil Rights Act of 1964 prohibits employers from making any work-related decisions based on an employee’s gender to determine if they should get hired, fired, or promoted. Title VII was established with the intent of holding employers accountable for discriminatory actions made in the workplace. A company must have 15 or more employees for this law to apply. 

If you believe you are a victim of gender discrimination, you may pursue legal action against your employer to recover damages. According to Title VII, your employer cannot retaliate against you for exercising your legal rights, meaning that if you are filing a lawsuit, participating in a gender discrimination investigation, or are a witness to a gender discrimination case, they cannot mistreat you as a response.

Another California law that protects employees from gender discrimination is the Fair Employment and Housing Act (FEHA). The FEHA prohibits discrimination against an employee based on their gender, amongst other things. This law is effective in companies with five or more employees.

Can You Sue Your Employer for Gender Discrimination?

Yes, you may sue your employer if you believe that they are committing gender discrimination against you. However, you will need to collect enough evidence to prove that you were being treated differently compared to your coworkers. You will need to emphasize that your gender was the reason for your employer’s unlawful actions. 

Can You Get Fired for Reporting Gender Discrimination?

Your employer cannot fire you for reporting gender discrimination. As previously stated, Title VII prohibits an employer from retaliating against an employee for exercising their legal rights. If your employer does fire you, you may pursue legal action against them to recover damages.

How Should You Report Gender Discrimination?

If you believe you are experiencing gender discrimination, you should file an internal complaint to your Human Resources (HR) department. It is encouraged to have your complaint delivered in writing, whether it is done through email or a letter. Make sure you make copies of what you have written and have it kept in a safe place.

If you choose to speak to HR in person or through the phone, you should take notes of the conversation and send a follow-up email confirming what was discussed. After you have contacted HR, they will start investigating the situation and will notify you about their final decision once they have determined whether your employer violated any labor and employment laws. If you are not satisfied with the way your complaint was handled, there are other available options to consider. 

You may file a complaint with a government agency, such as the Equal Employment Opportunity Commission (EEOC) or the Civil Rights Department (CRD). If you submit your complaint to the EEOC, you will need to do so within 180 days from the initial date of when the gender discrimination occurred. Once the agency has reviewed your complaint, it will take about 10 months to investigate the incident. The process is done much quicker if they are able to settle through mediation, which takes up to 3 months. 

If the EEOC did not find any violations, they will send you a Notice of Right to Sue, meaning that you will be given the right to file a lawsuit in court. However, if a violation has been found, they will attempt to reach a settlement with the employer. 

If it cannot be reached, your case will be referred to by legal staff to form a decision on whether a lawsuit should be filed by the agency. If the agency chooses not to file a lawsuit, they will give you a Notice of Right to Sue. You will be given up to 90 days to file your lawsuit. 

If you are filing a complaint with the CRD, they will need to learn specific information about the incident to determine if they can do something about it. If they accept it, they will create a complaint form and require you to sign it. After you have sent the signed complaint form back to the CRD, it will be handed to your employer. 

Prior to filing a lawsuit, the CRD will require all parties involved to go to mediation. This will allow both parties to reach an agreement to resolve the dispute. If no agreement is made, the CRD will proceed to file the lawsuit in court. 

If you do not want an agency to investigate your gender discrimination complaint,  you may file your own lawsuit. However, you will need to get an immediate Right to Sue Notice. Be sure to have a gender discrimination lawyer represent you. They will guide you through each step of the legal process, protect your legal rights, and deliver a strong argument against the opposing party to ensure you are granted a fair settlement.

What Evidence Should You Include in a Gender Discrimination Claim?

If you are planning on filing a gender discrimination lawsuit against your employer, you will need to provide evidence that will support your case. Below is a list of what you should include.

• Any conversations you had with your employer through email or text message,
• Written documentation of in-person conversations you had with your employer,
• Date, time, and location of when each discriminatory act occurred,
• Copies of complaints you filed and the responses you received, and
• Witness statements.

What Damages Are Available in a Gender Discrimination Claim?

Victims of gender discrimination are entitled to receive several types of damages. The amount will vary depending on the factors involved in your case. The following is a list of common damages that are typically granted:

• Compensatory damages, such as back pay, front pay, lost wages, emotional distress, and loss of enjoyment of life. 
• Reinstatement is another remedy you may be granted if you are interested in getting your job back. 
• Punitive damages may be awarded if you can prove that your employer intentionally or maliciously committed gender discrimination against you. This is meant to punish the employer for their reckless behavior.

There will be a limit on the amount of compensatory damages and/or punitive damages you may receive in a gender discrimination case. The limit will be determined based on the size of the company. 

• A limit of $50,000 will apply to companies with 15 to 100 employees.
• A limit of $100,000 will apply to companies with 101 to 200 employees.
• A limit of $200,000 will apply to companies with 201 to 500 employees.
• A limit of $300,000 will apply to companies with more than 500 employees.

West Coast Employment Lawyers Is Here to Help

At West Coast Employment Lawyers, we are readily available to assist victims of gender discrimination in the workplace. Our team will evaluate your claim to determine what would be the best approach to take to ensure you are granted a fair settlement.

We run on a contingency-fee basis, meaning that you owe us nothing until we settle your case. To schedule a free consultation, you may contact our 24/7 legal team by calling 213-927-3700, emailing [email protected], or completing our quick contact form located on the bottom of the page.