Gender Discrimination

Even after decades of progress, sexual discrimination in the modern workplace is still a widespread and harmful problem. It is not always obvious. It can be subtle and systemic, like ongoing wage disparities, the glass ceiling that limits promotions, or discriminatory staffing practices. These injustices can cause emotional distress, limited career opportunities, and feelings of powerlessness.

At Empower Sexual Harassment Attorneys, we believe no one should be subjected to this unfairness. You have rights in case you have been denied a promotion, received lower wages than your male counterparts, or harassed due to your gender in San Diego. Do not suffer in silence. We can guide you through complex employment law and champion your right to justice and fair compensation.

What Does Gender Discrimination in a California Workplace Mean?

Gender discrimination is an issue within the workplace of unfairly treating an applicant or employee based on their sex, gender, gender identity, gender expression, or sexual orientation. This is against state and federal laws, Title VII of the Civil Rights Act of 1964, and California’s Fair Employment and Housing Act (FEHA). FEHA is among the most inclusive anti-discrimination laws in the country, offering protection against any type of discrimination during employment. It does not allow employers to engage in adverse practices against employees or job seekers based on protected characteristics, including sex and gender.

Examples of Gender Discrimination

Gender discrimination can be in many forms, some of which are subtle and others more overt. Knowing these typical situations is crucial to recognizing when your rights may have been violated. Gender discrimination could happen in the following scenarios:

1. Hiring and Firing

Hiring and firing is one of the most common forms of gender discrimination. It happens when an employer decides to either employ, not to hire, or fire an individual because of their gender. For example:

• A firm that only recruits men for a physically demanding job, but women are equally qualified to do it.
• A manager lays off a female employee after she announces her pregnancy, claiming it is due to a departmental restructuring.

2. Pay Disparity

The Equal Pay Act in California is an effective tool against this discrimination. It requires employers to compensate employees equally based on similar work, irrespective of gender. This means that you are supposed to earn an equal salary as a female engineer with the same experience and responsibilities as a male coworker. One of the most frequent indications of pay inequality is discovering that a less-experienced male co-worker receives a higher salary than you.

3. Promotions and Job Assignments

The issue of gender discrimination can limit the career development of an employee. For example, a manager may always give men more high-profile projects and promotions, and give women less noticeable or challenging work. This is usually founded on the belief that men are better placed to lead. Similarly, a woman worker can be sidelined on a promotion to an administrative position in favor of a less-qualified male worker because it is not a position where she fits.

4. Harassment

Sexual harassment is a serious form of gender discrimination. This could involve unwanted sexual advances, crude jokes, or even a hostile work environment with sexist remarks or behavior. The harassment may be perpetrated by the supervisors, fellow employees, or even customers. It does not need to be sexually related. However, any behavior can lead to intimidation, hostility, or an offensive workplace atmosphere based on an individual’s gender.

5. Pregnancy and Caregiver Discrimination

California law has solid protections for pregnant staff and individuals with caregiving duties. Employers may not deny a job, promotion, or reasonable accommodation because an employee is pregnant. An employer is prohibited from firing or refusing to promote an employee because she has gone to care for a sick child or elderly parent. After all, it is a form of discrimination, based on a gender stereotype that women are the ones who mainly do the caretaking.

These instances underscore the fact that gender discrimination can permeate a working environment, influencing an employee in terms of his/her salary, career path, and well-being. The first step to countering the problem and securing your rights is identifying these signs.

The Fair Employment and Housing Act in California (FEHA)

In California, the most important law guarding against gender discrimination of employees is the Fair Employment and Housing Act (FEHA). FEHA is a more encompassing state law than its federal counterpart, Title VII of the Civil Rights Act of 1964, in that it provides more protections.

The Fair Employment and Housing Act (FEHA) is the foundation of the anti-discrimination law in California. It extends beyond the federal law protection, and it is a broader structure to protect the rights of employees. Although federal law forbids discrimination based on sex, FEHA clearly extends this to gender, gender identity, gender expression, and sexual orientation. It means that the legal grounding of the challenge to the discrimination affecting transgender, non-binary, or gender non-conforming employees is much better in California.

FEHA is a more powerful tool for employees because it provides several key benefits:

• Expanded employer coverage — Although Title VII is limited to employers with 15 or more workers, FEHA reduces the limit by a considerable margin. It covers employees who work for any employer with five or more workers and puts a much greater proportion of small and mid-sized businesses under its coverage. This guarantees that discrimination against more workers in California is prevented, no matter how small their workplace is.
• Protected classes — FEHA has a more comprehensive list of other characteristics that are the subject of protection. Besides the sex and gender protection, it states categorically that it does not authorize discrimination based on gender identity, gender expression, or sexual orientation. This is a significant difference since it provides specific legal redress in case of discrimination that federal legislation cannot encompass.
• No statutory cap on damages — FEHA does not place a cap on damages that a plaintiff can receive, unlike the federal law. In a few instances, it can also result in larger compensation to employees who are victims of discrimination, like compensation for emotional distress and punitive damages.

California Civil Rights Department (CRD), which used to be called the Department of Fair Employment and Housing (DFEH), is the state agency that enforces FEHA. Most discrimination claims in California must first be filed with the CRD. Before victims of discrimination can claim in a court of law, they must submit a complaint to the CRD. The CRD will investigate the allegation. If a violation is found, it can facilitate a resolution or even a right-to-sue letter, which allows the employee to take legal action against his/her employer.

How to Prove a Gender Discrimination Claim

Proving a gender discrimination claim is complicated, since employers rarely acknowledge their discriminatory intentions. Direct evidence is, therefore, extremely uncommon. Instead, most cases are built on circumstantial evidence, which requires proving that the employer’s actions, while not explicitly discriminatory, were based on bias.

1. Direct Evidence

Direct evidence of gender discrimination is commonly known as the smoking gun since it demonstrates the discriminatory intent without any interpolation. This may be an email, a text message, or a recorded statement in which a supervisor or manager clearly mentions that an adverse action was taken due to the gender of an employee. For example, when an employer says, “We are not giving you this promotion because we think men are more suited to leadership positions.” Although this evidence is the easiest way to demonstrate a claim, it is also the rarest type since a typical employer would be cautious in making these explicit statements.

2. Circumstantial Evidence

Direct evidence is challenging to come by. Thus, circumstantial evidence is relied upon to prove most gender discrimination cases. This evidence proposes that discrimination had occurred by establishing the pattern of behavior or a particular course of events. Some common forms of circumstantial evidence include:

• Disparate treatment — An important part of circumstantial evidence is demonstrating that you have been treated differently compared to a similarly situated employee of the opposite sex. In a female employee’s case, a person was fired twice for lateness. However, a male employee with the same job was late five times and was not subjected to disciplinary measures. You can use this fact as evidence of disparate treatment.
• Pattern of behavior — This can also be determined by showing that the company had an established pattern of treating one gender better than the other. This could include demonstrating that promotions are nearly always offered to males in the department with many qualified female applicants, or that female employees are over-allocated to lower-profile or less profitable projects.
• Pretext — This is an important concept in the establishment of discrimination. Pretext means showing that the reason the employer gave to justify an adverse act is a fake excuse to cover the actual discriminatory reason. Your employer could argue that he/she dismissed you because of poor performance, yet you have a record of good performance reviews and no record of any disciplinary problems. By demonstrating this given reason to be a lie, you can strongly infer that the actual cause was discriminatory.

The inconsistencies in the employer’s story, a sudden shift in the performance reviews following a protected action, like a pregnancy announcement, or documented favorable feedback that directly contradicts the employer’s reason may be evidence of pretext.

With these forms of circumstantial evidence properly documented and presented, an attorney can create an impressive case that demonstrates that an employer was indeed driven by gender discrimination in his/her actions.

What to Do If You Are a Victim of Gender Discrimination

In case of being a victim of gender discrimination, there are several crucial steps you ought to follow to safeguard your rights and build a strong legal case. They include the following:

1. Document Everything

The initial and most fundamental step is to record all the instances of discrimination. Maintain a personal, confidential journal that is not on a business computer. For each entry, include the date, time, place, names of the people involved, and a concise, objective description of what was said/done. This involves implicit discrimination and explicit discrimination.

Preserve any evidence that could be of use. It can be discriminatory emails, text messages, or performance reviews that do not align with the reasons given by the employer as to why an adverse action has been taken.

You can also record the names and contact details of witnesses who corroborate your account.

2. Review Your Company

Take a moment to read your employee handbook and any internal company policy on discrimination and harassment. It will assist you in knowing your employer’s official reporting process and what they are obligated to do. It is important to understand these policies because they may be vital in the future when you may be required to demonstrate that the company was in breach of its rules.

3. Report the Discrimination Internally (When You feel safe)

Provided you feel secure in doing so, try to report the discrimination to your company, either to:

• A supervisor
• The human resources (HR) department
• The company’s compliance officer

A formal record of your complaint is made by making an internal report. Remember to send your report in paper form, retain a copy of this for yourself, and follow up in writing on any discussion you have. That can be one of the steps in proving a subsequent retaliation claim when the employer negatively acts against you following your reporting of the matter.

4. File a Formal Complaint With the CRD

Before you can sue in court, you should file a complaint against the company with the California Civil Rights Department (CRD). The CRD is the government agency that falls under the enforcement of the Fair Employment and Housing Act (FEHA). The process can be initiated by filling out an intake form in the CRD online portal or by post. Act promptly, because FEHA provides a three-year statute of limitations from the date of the last discriminatory act. Failure to meet this deadline may be a permanent bar to your claim.

The CRD will examine your complaint and might investigate, provide mediation, or issue a Right-to-Sue letter. This letter is important because it formally authorizes you to bring a civil court lawsuit. It is also required if you intend to proceed to court with a personal attorney, even though you must get this letter first. A lawyer can guide you through the process and ensure all the deadlines are met, and your complaint is filed correctly to give you as many legal opportunities as possible.

Understanding and Identifying Illegal Retaliation under FEHA

Retaliation is one of the biggest fears of any employee who reports discrimination. It is unsettling that their employer will act against them because they raised their voices. In California, retaliation is prohibited under FEHA. The Fair Employment and Housing Act (FEHA) criminalizes any act by an employer of firing, demoting, or otherwise punishing an employee because of engaging in a protected activity, which includes:

• Opposing or reporting discrimination
• Filing a complaint with the California Civil Rights Department (CRD)
• Being the subject of an investigation

Retaliation is not necessarily so evident as a termination. Illegal retaliation can be any action adverse to a reasonable person that would discourage them from reporting discrimination.

Examples of retaliation are:

• Wrongful dismissal or demotion — This is the ultimate type of retaliation. When you are fired or demoted soon after you have reported gender discrimination, you may have a strong case for unlawful retaliation.
• Negative performance reviews — An abrupt and uncharacteristic negative performance review or low evaluation following an already made complaint is a typical indicator of retaliation, particularly when the negative commentary contrasts with a background of positive comments.
• Pay cuts or reduced hours — An employer may not retaliate against you by lowering your pay, decreasing your working hours, or taking away bonuses or benefits because you have participated in a protected activity.
• Heightened scrutiny or harassment — When your boss starts to micromanage your work, when you are subjected to greater scrutiny, or when co-workers ostracize you after you file a complaint, this may also be regarded as a retaliatory hostile work environment.
• Replacement with a less desirable job — Another way of illegal retaliation is transferring you to another place, a less desirable shift, or a less desirable job with fewer responsibilities once you report discrimination.

FEHA provides strong protection against retaliation, and it is unlawful for your employer to take action against you because you are claiming your legal rights. When you believe that you have been retaliated against, it is important to document the actions and when they occurred to demonstrate that your activity covered by the protection is related to the adverse action taken by the employer.

What You Can Recover in a Gender Discrimination Lawsuit

If you establish a gender discrimination claim, you can be subject to various legal remedies designed to compensate you for the harm suffered. These remedies aim to place you in a situation you would have otherwise been in if the discrimination had not occurred. These remedies may be categorized into three basic groups:

• Economic damages
• Non-economic damages
• Punitive damages, along with legal recovery of legal fees

1. Economic Damages

Economic damages are designed to compensate you for the financial losses resulting directly from the discrimination. Back pay and front pay are the most prevalent ones. Back pay helps you make up the wages and other benefits you lost from the day the discriminatory act was committed until the day of the verdict or settlement. This covers the salary, bonuses, and the value of benefits like health insurance and making contributions towards retirement. Front pay is given where reinstatement into your previous employment is not a viable option, and it compensates for your future lost earnings.

For example, if you can prove it will take a year to find a new job with a comparable salary, you may be awarded front pay. The other possible solution is reinstatement, in which the court directs your employer to hire you again in your former or a similar job.

2. Non-Economic Damages

Non-economic damages compensate you for the non-financial damages you have suffered. This involves a claim of emotional distress, pain, and suffering. Gender discrimination may have a severe psychological impact, like anxiety, depression, loss of pleasure in living, and humiliation. You are entitled to compensation for this distress, even though you may not have sought professional medical or psychological treatment. The compensation granted for non-economic damages is usually based on the severity and duration of the emotional harm.

3. Punitive Damages

You can recover punitive damages when the employer’s actions are malicious, oppressive, or fraudulent. These damages aim to compensate you for the losses but to penalize the employer for his/her outrageous act and discourage similar actions in the future.

The burden of proving entitlement to punitive damages is high, and clear and convincing evidence needs to be demonstrated that the employer had a malicious intent, or that he/she intentionally ignored your rights. The FEHA does not impose a punitive damages limit as other federal laws do, which limits the punitive damages that can be awarded in a case.

4. Lawyer Fee and Court Cost

The critical advantage of filing a claim under FEHA is that you can recover your legal expenses. If you happen to be the prevailing party in a gender discrimination case, the court will grant you reasonable attorney fees and court costs. This means that, in case you win, your employer might be expected to cover your legal expenses, which helps ensure that victims of discrimination receive a chance to obtain justice without being overwhelmed by the costs of the legal process.

Find a Sexual Harassment Attorney Near Me

Gender discrimination is more than just an unfair professional setback; it can inflict a grave emotional and financial toll. You are entitled to work in an environment devoid of harassment and discrimination cases. California law, especially the Fair Employment and Housing Act (FEHA), offers powerful legal solutions to safeguard employees. They are abstract rights and services, making it easier to get your career and dignity back.

At Empower Sexual Harassment Attorneys, we represent people discriminated against at work in San Diego. We understand the nuances of California employment law and are committed to helping you seek the justice and compensation you deserve. Do not let discrimination control your career. Contact us today at 619-604-3027 to discuss your rights and take the first step toward resolution.