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.
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.
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.
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.
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.
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.