Employment Law
Los Angeles Gender Discrimination Attorney
Workplace Discrimination Based on Sex, Sexual Orientation & Gender Identity
A rental agreement between a landlord and a tenant should set out the rules in terms of how water damage to a property should be handled.
California has some of the strongest laws in the nation when it comes to sex and gender discrimination. All employees—including cis, lesbian, gay, bisexual, transgender, and other members of the LGTBQ+ community—are protected by these laws; an employer or prospective employer with five or more regular employees may not discriminate against any worker or job candidate on the basis of sex, sexual orientation, gender identity, gender expression, or transgender status. Employers are also prohibited for discriminating against an employee or job candidate based on perceived sex, sexual orientation, gender identity, transgender status, or gender expression.
If you believe that your employer or a prospective employer has violated your rights under federal or state employment laws, turn to the team at KJT Law Group. Our Los Angeles gender discrimination attorneys have extensive experience holding all types of employers accountable for harmful and unjust practices. We know how to effectively advocate for you, and we are prepared to seek the maximum compensation you are owed.
Choose a compassionate team that has what it takes to fight for your rights. Call KJT Law Group today at (818) 507-8525 or contact us online to request a free, confidential consultation.
What Constitutes Gender Discrimination in California?
In general terms, gender discrimination includes any employer conduct that unequally advantages or disadvantages an individual or group based on gender. In this case, “gender” is used to describe a person’s sex, gender, sexual orientation, gender identity, gender expression, or transgender status.
Some examples of gender discrimination in the workplace include:
- Only hiring individuals of a certain sex, gender identity, or sexual orientation
- Firing, letting go, or laying off someone based on gender
- Paying different employees more or less for the same work based on gender
- Only offering low-paying positions to employees of a certain gender
- Denying promotions, raises, or transfers based on gender
- Providing negative performance reviews or disciplining employees unjustly
- Instating or upholding discriminatory policies or procedures
- Failing to respond to complaints of sexual harassment adequately or properly
- Creating or fostering a hostile work environment or culture of harassment
- Withholding benefits based on an employee’s gender
It can be difficult to tell if an employer has treated you unjustly based on your gender, gender identity, sexual orientation, or another protected class. At KJT Law Group, we can review the details of your case and determine whether you have grounds for legal action. If you have a case that we believe we can win, we will immediately begin gathering evidence and taking the necessary steps to protect your rights.
Workplace Harassment
Similar to discrimination, workplace harassment can have many negative effects on an employee’s overall wellbeing, as well as their employment status and finances. Although gender-based harassment, including sexual harassment, is illegal in California, it occurs frequently in workplaces throughout the state.
Gender-based workplace harassment takes many forms, including but not limited to:
- Comments, statements, or jokes about sexual orientation, transgender status, gender identity or expression, sex, etc.
- Repeatedly and consistently refusing to use an employee’s expressed preferred pronouns or failing to change an employee’s official documents to reflect preferred pronouns
- Refusing to allow an employee to use the restroom that corresponds with their gender identity or harassing an employee for doing so
- Posted images or signs that are sexual in nature, or which have statements or opinions regarding sex, sexual orientation, gender identity, gender expression, etc.
- Creating or enforcing dress code standards or policies that disproportionately affect certain individuals or groups
Note that when it comes to harassment, there is no minimum employer size. Unlike with cases involving gender-based discrimination, anti-harassment laws do apply to employers with fewer than five employees.
What Is the Difference Between Sex and Gender Discrimination?
Sex and gender discrimination are closely tied, yet they have two distinct meanings. A person’s sex refers to whether they are genetically male or female. Gender refers to which sex someone most closely identifies with.
Gender Discrimination FAQ
What defense might an employer use against gender discrimination?
While each gender discrimination case is unique based on the unique factors of your situation, there are certain defenses employers often use in an attempt to prove they have been discriminatory. For example, they may claim to have a legal reason, otherwise known as a Bona Fide Occupational Qualification (BFOQ), for treating certain people differently. An example of this may be only allowing individuals of a certain weight or age range to perform particular job duties because of how dangerous or intense they are. They may also attempt to claim your allegations are simply false. An experienced gender discrimination lawyer in your area can help you determine whether you have a case and how to protect yourself during a free case evaluation.
What’s the difference between sex discrimination and sexual harassment?
Sex discrimination occurs when someone treats an individual differently due to their sex or gender identity. Sexual harassment, on the other hand, occurs when one or more individuals make unwanted, non-consensual remarks, advances, and more towards one or more victims. While these are different, in some cases the two can overlap. Please reach out to a local lawyer to learn more about the unique factors of your case to determine if you have grounds for legal action.
Call us today at (818) 507-8525 to schedule a complimentary case evaluation. Spanish and Armenian language services available.
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