HOW TO GET HELP FROM A SEX DISCRIMINATION ATTORNEY IN LOS ANGELES
Throughout history, gender equality has consistently been an issue in countries all over the world. In the United States – a nation founded on equality and freedom – it is no different. Even in the progressive 21st century, gender discrimination has been prevalent throughout society.
WHAT IS GENDER DISCRIMINATION IN THE WORKPLACE?
In the workplace, gender discrimination can be especially pervasive. Whether it denies an individual a job or right based on their gender, improperly treating an employee or applicant based on sexual stereotypes, or making unwelcome sexual advances or offensive remarks, gender discrimination is still a dominating concern.
For gender discrimination to be considered illegal, it must involve disparate treatment that negatively affects an individual’s employment terms and conditions. That includes hiring, firing, scheduling, job location, pay rate, and training and advancement opportunities.
Per the Department of Fair Employment and Housing (DFEH), it is illegal for public and private employers to discriminate based on gender (including pregnancy and childbirth).
GENDER DISCRIMINATION OVERVIEW
Gender discrimination in the workplace can be subtle or overt, which can sometimes make it difficult for victims to identify. It is essential to know if you are getting discriminated against based on your gender, which is why our team of gender discrimination lawyers is here to help you. To better understand gender discrimination, read more information in our gender discrimination overview.
GENDER DISCRIMINATION LAWS, ILLEGAL INTERVIEW QUESTIONS, AND FEMALE APPLICANTS
When it comes to females applying for jobs, some may face obstacles in the interview process before even getting hired. Asking about a woman’s marital life, family background, or plans for having children is considered illegal due to the following anti-discrimination laws. The following policies safeguard your rights:
The Fair Employment and Housing Act – applies to employers of companies, organizations, and agencies with five or more employees, volunteers, unpaid interns, or contractors. FEHA prohibits any form of harassment or discrimination and safeguards workers from retaliation.
The California Family Rights Act (CFRA) – like FEHA, CFRA grants the same benefits. Protection is extended to job-protected leave for employees to tend to their families for severe medical conditions or bond with a new child (birth, adopted, or foster care placements).
Title VII Civil Rights Act of 1964 – is a federal law like FEHA. It protects employees from discrimination against their sex, gender, race, nationality, or religion in a company of 20 or more employees.
If an employer asked you illegal interview questions that affected your ability to get hired, then it is vital to consult with a gender discrimination lawyer in Los Angeles. We will be able to provide you with the guidance and advice that you need.
Examples of Illegal Interview Questions
When having a job interview, there are many types of questions that may be illegal if asked. Some of the most common include:
- Are you single, married, or divorced?
- Are you planning to get pregnant?
- Are you currently taking birth control?
- What does your spouse do for a living?
- Do you prefer Ms., Miss, or Mrs.?
While these questions may seem innocent, the employer is likely asking these questions in a biased way that can potentially impact whether they plan to hire you. Don’t let a potential employer get away with asking illegal interview questions–learn more today.
EXAMPLES OF GENDER DISCRIMINATION IN THE WORKPLACE
There are dozens of different situations in which you could experience because of your sex. The following scenarios may help provide some clarity on specific cases. For additional questions regarding circumstances not mentioned, contact an attorney for a consultation.
- Hiring. As a woman, you apply for a job in ticket sales with a professional sports team. According to the requirements, you possess all qualifications necessary to be hired. Because the organization is predominantly men, you might get denied the job to avoid altering the workplace’s chemistry.
- Firing. You get fired from your job because of ‘apparent’ company setbacks. However, you learn that members of the opposite gender (with less seniority and qualifications) are still employed.
- Promotion.You have worked as a salesperson for a company for 15 years but constantly get passed over by less experienced employees of the opposite gender. The employer recognizes your accomplishments but goes for someone else who might not be.
HIRE THE TRIAL LAWYERS OTHER ATTORNEYS CONSULT
At Mann & Elias, our employment attorneys in Los Angeles represent clients in every stage of life. We have more than 40 years of combined experience in employment law and would be happy to provide you with a free initial consultation.
The firm’s success is rooted in knowledge, preparation, and skill. We have completed nearly 100 jury and bench trials while recovering more than $18 million in verdicts and settlements.
We practice in Los Angeles, Riverside, San Diego, San Bernardino, Ventura, and Orange. Contact us today for more information or to schedule your free consultation.
READY TO DISCUSS YOUR CASE?
If you believe you are a victim of gender discrimination in the workplace, it is crucial to take legal action as soon as possible. You could be awarded significant compensation for your mistreatment and neglect. Learn why you should hire a gender discrimination lawyer.
RELATED ARTICLES ABOUT GENDER DISCRIMINATION
How to Prove Workplace Sexual Discrimination
Gender discrimination is divided into two legal categories: “hostile discrimination” and “benevolent discrimination.” While hostile is more damaging, benevolent sexism is unequal treatment. Evidence is crucial for a successful lawsuit against your employer. Try to document each instance of sexism you experience to recover the damages you deserve. Read on for more information about how to prove sexual discrimination at work.
Can an Employer Require Different Dress Codes for Men and Women?
Workplace dress codes are ubiquitous. When the dress code imposes a more significant burden on women than men, it may be discriminatory towards either gender. According to the Human Resources Campaign, gender-specific dress codes are not inherently biased, but enacting a stricter dress code towards one gender is.
Know Your Rights: Discrimination Based on Sexual Orientation
Whichever gender you find yourself attracted to should not affect your job. One-fifth of LGBTQ-identifying people have experienced discrimination based on their sexual orientation when interviewing for jobs.
On top of that, 58% of LGBTQ members report receiving derogatory comments at their job. These insults and harassment often get made by ignorant employees who do not know they are bothering you. You can start by handling the matter internally with HR, but you can file a complaint with the EEOC if that doesn’t go anywhere.
The Equal Pay Act of 1963
This act was established to ensure that employees, no matter their gender, will receive the same wages or benefits when in the same position. People with the same skills and responsibilities will receive equal pay. This article breaks down the benefits of this labor law and how it protects women from gender discrimination at work.
FAQs ABOUT GENDER DISCRIMINATION
Is it illegal for employers to harass certain genders but not others?
Yes – it is illegal for upper management to discriminate against or harass any protected group. Regardless of how you identify, an employer cannot treat you differently based on gender or sexual stereotypes.
Can you share a few examples of discrimination based on someone’s gender identity?
- An employer fails to use the correct name or gender pronoun over time
- An employer shames an employee for their personality, physical appearance, or attire
- An employee is unable to use the restroom associated with their gender or identity
- The company refuses to hire an applicant after learning more about how they identify
How might an employer deflect my claim against them?
Be wary of this defense tactic! Employers might try to use the Bona Fide Occupational Qualification (BFOQ) – meaning their actions were reasonable and necessary to protect the business or company. To win, they must demonstrate a legitimate business reason for the court to dismiss your claim.
Job assignments – can the company label certain jobs as “male” or “female”?
Not usually – they cannot categorize specific jobs for men or women. It would be unlawful and discriminatory for an employer to base a role on traditional stereotypes.
What should I expect if I report gender discrimination against my employer?
One of the things you should look for is signs of retaliation from your employer. It is illegal for them to mistreat you, harass, or punish you for reporting misconduct. An attorney for workplace misconduct in LA will help you issue a complaint with the EEOC when this happens.