Gender discrimination remains a serious issue in many workplaces. California has some of the strongest protections against this type of unfair treatment. The state laws, including the Fair Employment and Housing Act (FEHA), go further than federal rules. They cover a wider range of situations and apply to more employers.

Employees have the right to fair treatment regardless of sex, gender identity, or gender expression. That includes equal pay, fair promotions, and a workplace free from harassment. Pregnant employees and transgender workers also have specific protections under California law.

If you believe you have experienced gender discrimination at work, you can file a lawsuit against the perpetrator. If you reported to your employer, and they did not take action, you can also name them in the lawsuit. Pursuing a workplace discrimination lawsuit in San Diego, CA, is complex. Therefore, you will need the expert legal insight we offer at Empower Sexual Harassment Attorneys.

Understanding Gender (Sex) Discrimination

Gender discrimination happens when an employer mistreats an employee or job applicant because of sex, gender, or related factors. California law uses the term broadly, and it includes discrimination based on:

Sex (Male or Female)

Sex discrimination occurs when an employee or applicant is mistreated because they are male or female. This can include decisions about hiring, promotions, pay, or work assignments. It also includes negative stereotypes, such as assuming men are better leaders or women are less committed. California law makes these practices unlawful.

Pregnancy, Childbirth, or Related Medical Conditions

Bias against workers who are pregnant or may become pregnant is also illegal. Employers cannot deny promotions, training, or job opportunities because of pregnancy. They cannot fire or demote you because you are expecting a child or recovering from childbirth. Also, individuals experiencing pregnancy-related medical complications receive the protection.

Breastfeeding and Expressing Milk

The law protects breastfeeding employees who need to pump milk at work. An employer cannot discriminate against or harass them because of these needs. Employers must also provide breaks and a private space for expressing milk.

Gender Identity

Gender identity means a person’s internal sense of who they are. It may or may not align with the sex assigned at birth. California law protects workers from discrimination based on their gender identity. An employee should not face negative treatment because of how they identify.

Gender Expression

Gender expression is the way people present themselves outwardly. It includes clothing, hairstyle, mannerisms, voice, and other personal traits. The law protects employees from discrimination based on how they express their gender.

Transgender and Nonbinary Status

This trait protects transgender and nonbinary workers from discrimination and harassment. Employers cannot mistreat them because of their status. Protection applies even when the employee has not had medical treatment or changed legal documents.

Gender discrimination can happen at any point in employment. It may occur during:

  • Hiring
  • Promotions
  • Pay decisions
  • Training opportunities
  • Work assignments
  • Termination

You are a victim of gender discrimination if negative treatment is linked to your sex, gender identity, or gender expression.

California Laws Protecting Workers

Several laws protect California workers from gender discrimination. They include:

Fair Employment and Housing Act (FEHA)

The Fair Employment and Housing Act is the main state law that protects employees from discrimination. It bans discrimination, harassment, and retaliation based on sex, gender, gender identity, and gender expression.

FEHA applies to employers with five or more employees. This makes it broader than many federal laws, which often require a larger employer size. Harassment protections under FEHA apply to all workplaces, even those with only one employee.

The law covers all stages of employment. In addition to hiring and promotions, FEHA also covers training programs and internships. FEHA also protects workers who complain about discrimination. It is unlawful for an employer to retaliate against you when you file a complaint or help in an investigation.

California Equal Pay Act

The California Equal Pay Act focuses on wage fairness. It requires employers to provide equal pay for “substantially similar work.” The law prevents employers from paying women less than men for the same type of work. Pay differences are only allowed if they are based on valid factors. These include:

  • A seniority system
  • A merit system
  • A system that measures earnings by quantity or quality of production.

Employers cannot use salary history to explain or justify pay gaps. The law also gives employees the right to ask about the pay scale for their position. Many employers must also list pay ranges in job postings.

California Family Rights Act (CFRA)

The California Family Rights Act gives workers the right to take time off for important family and health reasons. Eligible employees can take up to 12 weeks of job-protected leave in 12 months.

You can use the leave to bond with a new child after birth, adoption, or foster placement. You can also use it to care for a spouse, child, parent, or grandparent with a serious health condition. Employees can also use CFRA leave for their own serious health issues.

CFRA applies to employers with five or more employees. It protects employees by ensuring they can return to their job or a similar job once leave ends. Employers cannot retaliate against someone for taking or requesting CFRA leave.

Pregnancy Disability Leave (PDL)

Pregnancy Disability Leave is another critical law. If pregnancy or childbirth disables an employee, it provides them with up to four months of job-protected leave. PDL applies to all employers with five or more employees. You can take leave before or after birth, depending on your medical needs.

Employees may also request reasonable accommodations due to a disability. The accommodations can include:

  • A lighter workload
  • A temporary transfer to a less demanding position

Employers cannot fire or punish an employee for needing PDL. Employees can return to the same job or a comparable position after the leave.

Federal Title VII of the Civil Rights Act

Title VII is a federal law that bans discrimination based on sex. It applies nationwide and covers employers with 15 or more employees. While Title VII is important, California’s FEHA often gives broader protections. Employees in California are protected under both state and federal systems. This means they may have options to file complaints under either law, depending on the situation.

Sexual Harassment at Work

Sexual harassment is a form of sex discrimination. It happens when someone experiences unwanted sexual conduct at work. It can involve sexual advances, requests for sexual favors, or other sexual behaviors. California law recognizes two main types of sexual harassment, including:

Quid pro quo harassment. It occurs when job benefits depend on sexual favors. For example, a boss may promise you a promotion only if you agree to go out on a date. A manager may threaten to fire someone if they refuse sexual advances.

Hostile work environment harassment. This type of sexual harassment happens when another person’s conduct creates an intimidating, hostile, or offensive workplace. It can affect the employee’s ability to do their job. Harassment in this case can come from supervisors, coworkers, or even clients.

Examples of sexual harassment include:

  • Lewd jokes or sexual comments in the office.
  • Repeated sexual remarks or inappropriate questions about someone’s body.
  • Displaying offensive images, posters, or emails with sexual content.
  • Unwanted touching, hugging, or groping.
  • Persistent requests for dates
  • Sending explicit text messages or emails.
  • Spreading sexual rumors about a colleague.
  • Blocking someone’s path or sexually invading their personal space.

 Impact of Gender (Sex) Discrimination at Work

Gender discrimination at work impacts careers, workplace culture, and the worker. These effects include:

  • Mental and Emotional Health Issues

Unfair treatment at work can lead to stress, anxiety, and depression. Many employees may lose their confidence as a result of the discrimination. The emotional strain can cause burnout or lead people to leave their jobs.

  • Physical Health Concerns

Stress from discrimination can take the form of headaches, fatigue, high blood pressure, or trouble sleeping. Thus, a toxic workplace can affect your physical health down the road.

  • Barriers to Career Growth

Discrimination can hold employees back from reaching their full potential. Talented people may be overlooked for promotions, training, or leadership roles. This could result in career stalls.

  • Unequal Pay and Financial Struggles

Gender-based discrimination could result in lower pay for specific individuals. Gender-based discrimination can lead to permanent financial harm. Lower wages result in less savings, smaller retirement funds, and less independence.

  • Negative Workplace Culture

When an employer allows discrimination in their workplace, they create an environment of distrust. This could impact teamwork and reduce the morale of workers. Sometimes, workers choose to leave their jobs, which involves turnover.

  • Loss of Innovation

Listening to every person’s ideas can bring fresh solutions to the workplace. When discrimination silences or excludes some employees, the company loses out on innovation. Over time, such prejudice makes the business less competitive.

  • Legal Problems and Reputation Damage

Employers who permit discrimination are subject to lawsuits, fines, and public outrage. Lawsuits are expensive and damaging to the brand. Unfair businesses may lose customers, clients, and investors because people would rather not do business with advocates of unfairness.

  • Growing Inequality in Society

Workplace discrimination does not stop at the office. Instead, it creates a gender gap regarding income, opportunities, and leadership. The inequality can impact families and communities.

Employer Responsibilities Toward Gender (Sex) Discrimination at Work

California law imposes a duty on employers to take all reasonable steps to prevent and remedy gender and sex discrimination in the workplace. This obligation extends to all places of employment, regardless of size. Employers must foster safe, respectful, and non-biased environments for their workers. Failure to comply with the requirements can create liability. They include:

Creating a Written Anti-Discrimination and Anti-Harassment Policy

Employers must have a written policy that prohibits discrimination and harassment. The policy should explain that sex or gender discrimination is not allowed. It must also define discrimination or harassment so employees know their rights.

The policy should be available to all workers. This could be through handbooks, posted notices, or digital platforms. Clear policies explain that discrimination will not be tolerated in the workplace.

Providing Ways for Employees to File Complaints

It is not enough to have a policy. Employers must also give employees different ways to report problems. Workers should not feel forced to only report to their direct supervisor, especially if the supervisor is the issue. Options may include:

  • Reporting to human resources
  • To higher management
  • Through an anonymous hotline

Providing several complaint channels makes it easier for employees to come forward without fear.

Training Employees and Supervisors on Prevention

California law requires regular training for supervisors and employees on sexual harassment and discrimination. Training helps staff recognize discrimination and harassment when it happens. It also teaches how to respond and where to report it. Employers with five or more workers must provide sexual harassment prevention training as follows:

  • Supervisors must receive at least two hours of training every two years.
  • Non-supervisors should receive at least one hour every two years.
  • New hires and newly promoted supervisors should receive training within six months.
  • The California Civil Rights Department provides free training modules online.

Investigating Complaints Fairly

When an employee files a complaint, an employer must act quickly. Investigations must be fair, unbiased, and thorough. It involves interviewing witnesses, reviewing evidence, and documenting findings.

A delayed or unfair investigation can create legal risks. Workers must have confidence that their grievances will receive serious attention.

Taking Corrective Action

If an investigation confirms misconduct, employers must take corrective action. The response should match the seriousness of the behavior. Actions may include:

  • Warnings
  • Suspension
  • Demotion
  • Termination

The goal of taking appropriate action is not only to punish, but also to prevent future incidents. A strong response sends the message of zero tolerance for discrimination.

Protecting Employees from Retaliation

Retaliation occurs when an employer punishes an employee for reporting concerns or complaints. This can include demotion, reduced hours, negative evaluations, or even firing. California law prohibits retaliation. Employers must ensure that workers who file complaints or act as witnesses receive protection. Employees need to feel safe when coming forward.

Addressing Harassment from Customers or Vendors

Employer responsibility does not end with employees. If harassment or discrimination comes from customers, vendors, or other third parties, the employer must act accordingly. For example, management must intervene if a customer makes repeated offensive remarks to an employee. Ignoring harassment from outsiders creates the same unsafe environment as harassment from coworkers.

Filing a Gender Discrimination Lawsuit in California

California workplaces are not immune to gender discrimination. State law allows employees to file a lawsuit when their rights are violated. The steps you can take in filing the lawsuit include:

Collect and Organize Evidence

The first step is gathering enough evidence. You can write down each incident of discrimination, including dates, times, locations, and people involved. Also, you could save emails, text messages, performance reviews, or pay records that show unfair treatment. If coworkers witnessed the discrimination, you can ask if they will support your account. Strong documentation makes your case more credible later.

Report the Problem Internally

First, you should use your employer’s internal reporting processes before seeking state or court intervention. You could document it in an email or a write-up to your manager or her department. Even if the company takes no action, attempting to bring it to their attention is beneficial for your argument.

File a Complaint with the California Civil Rights Department (CRD)

You cannot go straight to court under California law. You must first file an administrative complaint with the CRD. The agency enforces the Fair Employment and Housing Act. You can submit a complaint online, by mail, or in person. Filing preserves your rights and starts the official process.

After filing, you can allow the CRD to investigate your claim. The agency may interview witnesses, review documents, and attempt to settle. Another option is to request an immediate right-to-sue notice.

File Your Lawsuit in Court

After receiving your Right-to-Sue notice, you have one year to file in the California Superior Court. Your lawsuit must include the facts, the legal claims, and what remedies you are asking for. You must formally serve the employer with the complaint. You will need the insight of a reliable attorney when filing a gender discrimination lawsuit. Your lawyer will help you gather the relevant documents and represent you in court.

Participate in Mediation or Settlement Talks

Many workplace discrimination cases resolve before trial. The CRD may offer mediation services. Often, the courts encourage settlement discussions. A settlement can include money damages, back pay, or policy changes by the employer. Settling may save time. However, you should only agree if the terms are favorable and you receive a fair settlement.

Go Through the Court Process

If the settlement fails, the case moves forward in court. Both sides exchange evidence in discovery. Witnesses may be questioned under oath. If the case goes to trial, a judge, or jury will decide whether discrimination occurred. The judge will determine how much compensation you are entitled to if you prevail.

Remedies and Damages in Gender Discrimination Cases

The court may award you the following damages if you win your gender discrimination lawsuit:

Back Pay

Back pay covers wages and benefits that you lost because of discrimination, including:

  • Missed salary
  • Overtime
  • Bonuses

The goal of backpay compensation is to place you in the position you would have been in if discrimination had not occurred. Courts often calculate back pay from the date of the discriminatory act until the date of judgment.

Front Pay

Front pay applies when reinstatement to a job is not possible. Sometimes the relationship between you and your employer is too damaged to continue. In these cases, courts may award pay for a future period. This helps you recover while searching for new work. The length of time for front pay depends on the circumstances of each case.

Reinstatement or Promotion

Occasionally, the court may order the employer to give you back your job. If the employer unfairly denies you a promotion, the court may order them to grant it. Reinstatement and promotion send a clear message to employers about compliance with the law.

Policy Changes and Workplace Reforms

The remedies available in a gender discrimination claim are not solely monetary. Courts may mandate that employers modify policies or practices. These can be changes such as:

  • Handbooks updates
  • Training updates
  • New complaint procedures.

These changes represent an effort to address and prevent discrimination going forward. Additionally, the reforms make workplaces safer and more equitable for all workers.

Emotional Distress Damages

Gender discrimination can cause stress, anxiety, depression, or loss of confidence. Emotional distress damages provide compensation for these harms. The compensation you recover in this case will depend on the severity of the discrimination. You can use evidence from medical professionals, therapists, or personal testimony to support your emotional distress claim.

Punitive Damages

Punitive damages are permitted when there is grave misconduct. They are meant to punish those employers who are malicious, fraudulent, or act in a reckless disregard of workers’ rights. Such damages also serve to deter other employers from such conduct.

Attorney’s Fees and Costs

You may recover attorney’s fees and court costs if you prevail in your lawsuit. The damages make it easier for workers to bring claims, even if they cannot afford a lawyer. By shifting fees to the employer, the law ensures access to justice.

Find a Competent Sexual Harassment Lawyer Near Me

California law sets a high standard for fairness in the workplace. Employees are protected from gender discrimination in hiring, pay, promotions, and day-to-day treatment. They are also protected against harassment, pregnancy bias, and retaliation. Employers have the responsibility to take active steps to prevent discrimination.

They must create strong policies, offer training, and respond quickly to complaints. They must also provide fair pay, pregnancy leave, and lactation accommodations. Employees can speak up, file complaints, and seek remedies. If you are a victim of gender discrimination, you can report the incident to the California Civil Rights Department.

If there is no solution, the CRD will issue you a right to sue. It allows you to file a lawsuit in court. In a successful lawsuit, you can recover compensation for back pay, front pay, and mental distress, among other benefits. At Empower Sexual Harassment Attorneys, we offer expert legal insight for our San Diego, CA, clients. Call us at 619-604-3027 to discuss your case.